By NICO SCAVELLA

Tribune Staff Reporter

nscavella@tribunemedia.net

ATTORNEY Fred Smith, QC, yesterday called the appointment of a retired court justice to conduct an independent review into the government’s delay in releasing a report on the Rubis fuel leak a “waste of time.”

Mr Smith instead urged the government to hold Rubis accountable for the spill.

Mr Smith said the decision to appoint former Justice Joseph Strachan is a “smoke and mirrors” tactic designed to lead “everybody up the proverbial garden path”.

He said the government needs to “make good” to the residents of Marathon by bringing “appropriate prosecution and investigations.”

Mr Smith represents several Marathon residents as well as Cable Bahamas in current litigation against Rubis.

“Let’s be honest and clear about this; it is appropriate to put the blame where it really belongs,” he said. “The government should not be taking flack for Rubis. True, the government was negligent in not releasing the report earlier, but I call on the government to make good to the residents of Marathon by immediately bringing appropriate prosecution and investigations under the Environmental Health and Services Act.

“Spending the public’s money and diverting attention through this review committee of why the government did or didn’t release the report earlier really takes the public nowhere.”

On Monday, a statement from the Office of the Attorney General said Justice Strachan’s review of the delay of the release of a report by Black and Veatch International is intended to “ensure that the processes to support future investigations and enquiries conducted in the public interest” are managed according to “international best practices as well as to ensure timely disclosure when these reports are going to be made public.”

The statement said the government is “taking the necessary measures to ensure that there are no future delays in the lawful release of important reports to Bahamians.”

Nearly a week ago, the government issued a statement on the fuel spill. It said Rubis had accepted responsibility for the incident, and that the government had compelled Rubis to remediate the situation by removing all contamination in water and soil, containing the spill and preventing cross contamination to other locations or sites, and testing and reporting on contamination levels for wells, residences and local businesses.

The government also pledged to continue testing and monitoring in the affected area for “the next several years,” adding that it would update the public through “quarterly reports.”

However, Mr Smith said that Rubis ought to be held accountable “first and foremost,” adding that the company is sending mixed messages.

“Rubis is defending the court actions and saying it is not liable,” he said. “On the one hand it is saying to the public we are at fault, we will clean it up, we will make good. And yet on the other hand, when residents take them to court, they are fighting tooth and nail to prevent liability being found against them.

“So I say let us not get distracted by this committee. The government needs to hold Rubis accountable.”

He added: “Wasting everybody’s time with this committee to be chaired by former Justice Strachan is complete smoke and mirrors. It is leading everybody up the proverbial garden path, and is a complete red herring.”

The fuel release of 12,000 gallons of unleaded gasoline was observed in late December 2012 by former operator Fiorente Management, and reported to Rubis on January 19, 2013, according to the BEST Commission.

Black and Veatch was later contracted by the government in 2013 to ensure that the actions taken by the station owner to address the release were appropriate to protect public health. It was also with a view to ensure there was adequate remediation of the environment. The report found that residents were exposed to potentially harmful chemicals, including cancer-causing benzene.

The report was completed on February 20, 2014 and only released last month, causing some observers to accuse the government of suppressing the document for more than a year.

Last week, Chief Medical Officer Glen Beneby said the government would “leave no stone unturned” in assisting residents of Marathon affected by the fuel spill at the station on Robinson Road.