The Tribune

By NICO SCAVELLA

Tribune Staff Reporter

nscavella@tribunemedia.net

THE appointment of a retired justice to conduct an independent review into the government’s delay in releasing a report on the Rubis fuel leak is a “smokescreen” to pacify the affected residents of Marathon, FNM Deputy Leader Peter Turnquest said yesterday.

The East Grand Bahama MP urged residents in the area not to “fall for” the decision, adding that given the government’s track record, it is doubtful that the process will be transparent.

Mr Turnquest also criticised the Office of the Attorney General’s decision to not pursue legal action against embattled Cabinet Minister V Alfred Gray following its investigation into the allegations of judicial interference that have dogged the MICAL MP since March.

“These instances certainly give us great reason for concern,” he said. “I think it is fair to say that we would have expected and we would still like to demand a full and transparent review of all of these matters. The matter of the supposed legal opinion from the attorney general with respect to the Public Accounts Committee, now the Gray matter, and now this supposed independent justice review. It just gives reason for concern.”

“Appointing this retired justice, while I have no reason to question his integrity, it seems to be a backhanded way of trying to appease the residents of Marathon to make it appear as if the government is concerned in doing something. Well it’s too late for that. As far as I’m concerned it is way too late, a year and a bit too late for that. As far as I’m concerned it is nothing but a smokescreen, nothing but politics, and I told the Marathon residents not to fall for it.”

In a statement released on Monday, Attorney General Allyson Maynard-Gibson said Justice Joseph Strachan’s review of the delay in releasing the 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 of The Bahamas is “taking the necessary measures to ensure that there are no future delays in the lawful release of important reports to Bahamians.” The statement also said Justice Strachan will have full access to all material and personnel required to adequately complete the inquiry.

That report was completed in February 2014, and found that Marathon residents were exposed to potentially harmful chemicals from the leak. It also assessed Rubis’ response to the fuel leak. However the government did not release the document until last month, after a town meeting where irate residents expressed frustration over lack of information.

Last month, Fort Charlotte MP Dr Andre Rollins, in lashing out at the government for its handling of the leak, called for the formation of a House of Assembly select committee to investigate the matter. However, the majority of parliamentarians voted against the initiative.

“If the government was being honest, was really interested in getting to the bottom of the matter, they would have conceded to Dr Rollins’ request for a select committee, a truly transparent and independent process that would’ve uncovered the full details of the matter and without any kind of partisanship,” Mr Turnquest said. “The government has a very difficult time obviously in policing itself, whether through its Cabinet or whether through the Office of the Attorney General. And so for us to believe that all of a sudden a report or an investigation is going to be done by Justice Strachan, and there’s going to be some transparent process as a result, I believe is a stretch for most people.” Regarding the decision not to pursue legal action against Mr Gray, Mr Turnquest said: “Whether criminal charges are to be laid or not, there’s a clear indication that there was some form of involvement, questionable involvement of the minister in the affair. At the very least he ought to have lost his position as a Cabinet minister.”

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 a Rubis service station on Robinson Road.

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.