Minister tells Pinder’s Point, Lewis Yard residents to consider civil litigation

Friday, May 25, 2018

By DENISE MAYCOCK

Tribune Freeport Reporter

dmaycock@tribunemedia.net

In his first town meeting in Grand Bahama, Minister of the Environment Romauld Ferreira advised residents of Pinder’s Point and Lewis Yard to consider civil litigation as an avenue to have their matters heard.

He stated that they could achieve environmental justice through the Environmental Health Services Act 1987, or seek damages for personal injury through the common law.

“The crux of any assignment of liability lies in causation,” said Minister Ferreira, who is an attorney by profession. “The common law can assist, I know because I had litigated many times before I became a politician.

“These avenues you can take to have your matters heard; to do that you need evidence. This is why the experts are here; so this is an opportunity to gather the necessary evidence you need to bolster whatever it is you intend to do,” he said.

His advice, however, did not go down well with many residents that turned out at the Church of the Good Shepherd on Thursday evening. The residents living in settlements near the industrial plants want the government to assist with their relocation.

Rev Michael Pinder, 72, told the minister that the meeting was a waste of time and that they were tired of successive governments telling them the same thing over and over.

He claims that there has been more than enough evidence presented to successive governments which have done nothing over the past 30 years to help residents.

“I came here reluctantly,” he said. “What more evidence; what more do you need?” he asked Minister Ferreira. “I have lived here for 72 years, and we are still here, still suffering,”

Industrial pollution has been an ongoing issue for more than 30 years in the Pinder’s Point/Lewis Yard area, and other surrounding communities such as Hawksbill, Seaco Town, Hunters and Mack Town.

Over the past three decades, three schools have been relocated, and there have been numerous complaints about the high incidents of cancer and cancer-related deaths among residents as well as asthma and eye and skin irritations.

Rev Pinder stated that residents are being fed “false hope and empty promises” by the minister.

“We are looked at as fools listening to the same rhetoric over and over again,” he said. “I am tired; I had enough. I am going to be content with my God and the rest of the life He gives me . . . with no expectation from this government or any other government.”

Former Ambassador Maurice Moore, 78, of Pinder’s Point, said that the only solution to the problem facing residents is relocation.

“We have been at this for a very long time when I was a minister. We have a serious problem – a life and death problem; I went through it,” said the former cabinet minister who had announced that he too was battling prostate cancer.

“What we need to focus on is a programme to relocate the people who live near the industrial plants,” he said.

Mr Moore said the government has to take the lead, sit down with the industrial plants and the Grand Bahama Port Authority “and figure out the best way they can move the people out of the affected settlements.”

He recalled that discussions were held a long time ago with all the parties about possibly moving residents at the cost of about $400 million, but claims that the plan fell through after the sale of BORCO.

Minister Ferreira stated that the relocation of residents was not something he could approve on his own and that such a decision would need Cabinet approval.

“A decision to move the residents is not one I can make in and of myself. I do not have the authority to do that. It is a Cabinet decision," he explained.

He added: “We have a situation where people have experienced things that have caused them to experience great anxiety and sufferation they have attributed to the proximity they live to these operations, but none of it has been tested in the court of law. None of you have litigated any of this. You have no judgments, no writs, no court orders.”

He said that the Minnis administration would make all the reports and studies available to facilitate them.

The minister also noted that the primary environment legislation, the Environmental Health Services Act, is available online that speaks to discharges.

He said the ministry is working towards the implementation of an Environmental Protection Act. “This is the signature legislation for the environment we want to have,” he said.

Berthram Pinder, president of the Grand Bahama Environmental Association, told Minister Fereirra that the association and residents would look at commencing legal action against the government, and continue with their demonstrations and protests.

Shuffel Hepburn, a GBEA executive, highlighted various health issues of the residents, including young Salathiel, 11, who is blind in one eye and losing sight in the other eye after reportedly playing with foam from a nearby plant.

Salathiel’s family told Minister Ferreira that his doctors had advised them to leave to their home in Pinder’s Points in a couple of days to prevent further worsening of his condition.

“We have to leave our home and have nowhere to go, we have no money to get a place in Freeport, can the government assist us?” they asked Minister Ferreira.

Mr Hepburn said the meeting was a big disappointment. “I figured that they would come with something of substance tonight. The minister promised he would present something to the Cabinet, and brought nothing of substance to residents."

Mr Hepburn said that Prime Minister Dr Hubert Minnis needs to come and meet with the residents.

“This a huge problem, and if you lined up the people who have died in this community, it would stretch the length of these communities from east to west – that is what hurts us,” he said.

"The industry and the Grand Bahama Port Authority need to be pressured by the government to do justice to these residents.

“The residents are hurting and for the minister to come and say that the residents ought to individually seek legal action - where are they going to get the money from because whatever money they have is spent on medical bills?” he said.

“The Prime Minister needs to come and show residents he cares about their concerns. He met with the industrial plants, but he has not met with the residents. The industrial plants did not vote for him; the residents did,” Mr Hepburn said.

Accompanying Minister Ferreira were Christopher Wright, of the Department of Forestry; Anthony Ryan, of Environmental Monitoring and Risk Assessment Division at the Department of Environmental Health Services; Berth McPhee, head of DEHS in Grand Bahama; and Ms Ferguson, an environmental officer in the Ministry of the Environment.

Minister of State for Grand Bahama Senator Kwasi Thompson, Iram Lewis, MP for Central Grand Bahama and parliamentary secretary in the Ministry of Works; and Pakesia Parker-Edgecombe, MP for West Grand Bahama and Bimini and parliamentary secretary for communications in OPM also attended.

Comments

Socrates says...

minister is correct. if citizens have a gripe, you go to court and insist on your rights and/or damages as provided by law. The role of government in these things is to amend laws as needed where deficiencies are identified but not addressed in the law. Thats why you have 3 branches of gov't in a democracy, the Executive, the legislature and the judiciary.. you dont need to beg for everything.

Posted 26 May 2018, 7:17 a.m. Suggest removal

sheeprunner12 says...

Indeed ....... but typical Grand Bahamians ...... belly-aching and looking for more handouts from the GBPA......... Why stay there and die??????

Sue via class action lawsuit on behalf of ALL of the residents of these at-risk settlements ....... Sue the Port, pollution causers, Govt etc.based on existing evidence and laws ........... At least it will set a precedent for future.

Posted 26 May 2018, 9:54 a.m. Suggest removal

observer2 says...

Dear Socrates and Sheeprunner, please have a little empathy for the people of Pinders and Lewis Yard. For almost 100 years they have been exploited.

First by the GBPA, back in the day they could not stay in Freeport after dark. They were shut out of the good jobs given to foreigners.

Next by the oil companies placed right next to their homes. Polluting the air and water table.

Then by Goombay summer and now Carnival and the corruption of the PLP. Corrupting their moral fiber. Unwed teenage mothers having babies for multiple fathers. 1 in 50 now have aids.

Then by drugs during the drug trafficking 70's and 80's. While the government turned a blind eye.

Then by terrible schools. Average math grade is D-. Even the schools had to be moved from the settlement.

Followed by alcohol and now Bahamian made cigarettes...causing cancer and alcoholism.

Then by web shops on every corner taking what ever money is left.

Through out the years there have been devastating hurricanes. The people of Pinder's Point and Lewis Yard haven't recovered from the last 2 hurricanes. Many of the housed have not been rebuilt.

I encourage each Bahamian to go to Freeport and drive through this devasted area and see the blight for themselves. Then go to West End and see the blight of the water front. Essentially bars and webshops left standing.

Now Minister of the Environment Romauld Ferreira tells the residents to hire a QC at the cost of $1 million to fight the oil cartel???

There are no jobs in this settlement, there is no hope in this settlement, the government and big business have abandoned them.

The webshops, alcahol, cigarettes and oil industry are exploiting them.

I really feel sorry for them. They have been offered no hope, they have been offered no help.

Is this what the Bahamas has become?

God is not pleased.

Posted 26 May 2018, 12:35 p.m. Suggest removal

SMT ....... another frigging sad social apologist.

Posted 26 May 2018, 1:26 p.m. Suggest removal

birdiestrachan says...

doc does not have time for these folks. He and Campbell are to busy telling the Shanty
Town dwellers what he will do for them. Its the peoples time for sure.

Posted 26 May 2018, 8:01 p.m. Suggest removal

bogart says...

THIS AREA IS THE.. CHERNOBYL....THE THREE MILE ISLAND ...of the Bahamas....sufficient evidence..people are sick..suffering...dying..

The Minister should know or perhaps not know the dynamics of lawyers themselves....licensed to practice by the Port itself....suing the Port largest employer...all related.....many past owners of the oil refinery.......mabye he doesnt know that just like in Nassau..... .many lawyers will clain a conflict of interest why they do not sue the Banks...who have the deepest pockets...to keep matters in litigation best ever battery of lawyers money can buy....and likely win and..losers pay ?and losing lawyer likely struck off Approved Lawyers List banks have....ask any bank or laywer.....Many pore sifferin Bahamians just simply suffer......and get sick....and die....

They should listen to Maurice Moore....the Emvironment minister should read history..about tru tru Bahamians who had balls to stand up to better the Bahamas!!!
Pore suffering ..cancer sick....suffering...no money....people in soup lines...livong in Bazaar...in old cars....Freeport struggling....the Emvironment Minister is obviously out of touck with his colleagues and totally callous to the sufffering from the Bahamas Chernobyl.....he should apologise to all particularly Maurice Moore who along wid others of whose shoulders he stands....
If his colleagues can find homes for foreign work permit holders in the shantytown in Abaco....can be so concerned bout the trees and bushes in Oban deal...handicap to get into Parliament....Post Office air conditioning not working....Corn Beef not healthy...they can certainly try helping ..pore ...cancer disease...suffering..blind...Bahamians..in The polluted area in Freeport ..

Posted 27 May 2018, 4:47 p.m. Suggest removal

licks2 says...

That's the problem. . .hence the minister's advice. . .if you have all this hard evidence. . .why you will not take it to court? To me the compliant seem anecdotal. . . I have cancer and I live here so it caused my condition. . .I am blinded in one eye and I live here so it cause my blindness. The key for them in proof is how different is their incidences of normal maladies compared to incidences in other areas not close to it. . .then and only then can we say for sure that their unusually high incidences can suggest a high probability of contamination from something from it! Otherwise. . .they caould just be talking off the top of their heads. . .

Posted 28 May 2018, 6:41 p.m. Suggest removal

Sickened says...

I live next door to a sewage plant and raw sewage comes out of my plumbing every time i turn on the water. Everyone in my family have been sick their entire lives. We all smell like urine and feces all day everyday. Should I move? **Of course I should move! I should also be called a dumb ass for raising a family in an environment that I know is dangerous!**

Posted 28 May 2018, 9:18 a.m. Suggest removal

That's just the problem. . .they don't know if the areas is contaminated. . .expecting the business community to accept liability without concrete evidence take a decree from litigation. I drove around those areas. . .I also drove around other depressed areas in NP and other family islands. . .they catching hell too. . .did the plant caused their problems also? I understand the plight of the persons. . .only if their claims are correct. . .I am a trained scientist. . .the persons complaining need to first get evidence and then go after the company that contaminated their environment. . .the government of their mother country will make them pay for their mess. . .but the problem is if there is a mess or just a mess in the minds of some persons!

Posted 28 May 2018, 6:51 p.m. Suggest removal

Yes in your case you should move, absolutely...and if I was your govt representative I would bring all the resources to help you to do so...
The situation has dragged on....some people it seems.caught camcers..some just didnt know..some got together....some were ablt to afford to move...Freeport economic spiral started way back from Borco ..slowing down from the 70? Some bright moments ?? Schools were relocated...some persons live there who do not have cancer...for now....some porer even tempted to move there thinking its a step up..number of combination of factors....this is Constitutional situation . that govt can forcebly evaciate...and condemn for health reasons ck soil for benzene other chemicals ..etc...current position is that they are pore...ss Maurice Mooore says....this Lewis yard Pinders is certainly an area that needs attention much more than local Bahamians can themselves afford.

Posted 28 May 2018, 12:57 p.m. Suggest removal

sealice says...

this fool was elected in Freeport right - why not tell the people that are going to be living by Oban the same thing? It's gonna happen to them eventually...

Posted 28 May 2018, 1:38 p.m. Suggest removal

How do you know that. . .persons like you with such reckless statements plant these notions in ignorant persons minds! How come that of all the oil facilities around the world only the one in GB has theses kind of health issues?? You think this the only one in the world aye? The biggest one in the world is in America. . .sitting right on St Croix Island. . .for over 50 years or so. . .with persons living all around it. . . without the problems we say we have in GB. . .

Posted 28 May 2018, 6:57 p.m. Suggest removal

Ooops it was the blind child 11 years old,, blind in one eye and losing the other.. Salatiel family who said they had no money for them to move to Freeport so that his codition does not become worse .....and asked the Minister Ferreira if the govt can assist them.

Posted 28 May 2018, 1:47 p.m. Suggest removal

DDK says...

DISGRACEFUL and DISGUSTING for The People's elected representative to tell these poor folk to consider litigation for something which is the responsibility of the Bahamas Government. Who pays this man's salary?

Posted 28 May 2018, 2:04 p.m. Suggest removal

And what the government was supposed to do now? Oh. . .litigate. . .thanks for reminding me there smart dude!!

Posted 29 May 2018, 12:38 p.m. Suggest removal

DISTURBING and DISRESPECTFUL to the many fine politoicians who sacrificed and sweated to bring relief to the Bahamians..lights to the over da hill community and education to all Bahamians....many who gave it their all to uplift the pore Bahamians....many heroic Bahamians like the Party founder....Sir Cecil Wallace Whitfield..whose blood was shed in Lewis Yard...and today the people cry for help....and this young Minister tells dem to go get help from one lawyer....

Posted 28 May 2018, 3:28 p.m. Suggest removal

Soooooo, are you saying that the Government must fund a new city for these heritage communities ....... like the $400 million figure being thrown around?

Posted 28 May 2018, 3:48 p.m. Suggest removal

I thought only me one saw such stupidity in such statements. And for a community where only a handful of persons will continue making noise no matter what is shown to them. . .THEY WANT THE GOVERNMENT TO MOVE THEM INTO THE CITY. . .FREEPORT!

Posted 28 May 2018, 7:07 p.m. Suggest removal

There are many aspects to look at.....first is given the illnesses to bring RELIEF TO THE SUFFERING FIRST.....IT IS ASSININE IGNORANT TO THINK OF THEM AS A HANDFUL OF PERSONS....BE IT ONE OR TWO THEY ARE STILL PEOPLE.....WHAT MANNER OF PEOPLE ARE YOU WANTING TO WANT TO CONDEMN SUFFERING BAHAMIANS.....BUT THEN AGAIN WE WE HAVE MANY WHO WILL FIND RIGHTS FOR ILLEGALS...LAWBREAKERS, CURRUPTION., UNDERMJNING OF BAHAMIAN VALUES JUST TO PROMOTE ANARCHY AND LAWLESSES...TO THE LEVEL OF OTHER COUNTRIES NEARBY....IF CURRENTLY THE GOVT IS LOOKING FOR HOUSING TO RESETTLE HUNDREDS POSSIBLY THOUSANDS OF HAITIAN DWELLERS OF ILLEGALLY BUILT HOUSING OR SHANTYTOWN....WHAT THE GOVT CAN DO FOR ILLEGALS, HAITIAN WORK PERMIT HOLDERS, CHILDREN,....THE GOVT CAN DO FOR THESE DECADES LONG SUFFERING BAHAMIANS WITH THEIR OWN BAHAMIAN CHILDRRN !!!!!!...

Posted 28 May 2018, 7:40 p.m. Suggest removal

And we are right back at my point. . .IS THERE A PRIMA FACI CASE FOR THE RELATIONSHIP BETWEEN THE SITE AND SICKNESS IN THE AREA? Next, are there higher incidences of related sicknesses in the areas than other living communities that are not located around that area? You can run all over the place with whatever you want to. . . THE INTERNATIONAL COMMUNITY DON'T PLAY BY YALL STUPID POLITICAL SENTIMENTALITY. . .OR BECAUSE YOU IS A PLP, FNM OR DNA. . .how I feel or how you feel. . .there are standards of which the whole world made sound decisions. . .ya meet them or nobody. . .I mean nobody cares a "pig foot" about ya ranting on with foolishness. . .

Posted 29 May 2018, 12:47 p.m. Suggest removal