The Tribune

By NICO SCAVELLA

Tribune Staff Reporter

nscavella@tribunemedia.net

JUBILEE Gardens residents are planning to take legal action against the Christie administration as a result of the recent fire at the New Providence Landfill, an attorney representing some of them confirmed yesterday.

Fred Smith, QC, told The Tribune that various members of the Our Lives Matter: Jubilee Residents Association are seeking damages for personal injury, nuisance and negligence as a result of the March 5 blaze.

Mr Smith also said those residents will be filing for an injunction to “retain the escape of obnoxious odours and poisonous gasses which are threatening their lives and livelihood.”

Mr Smith also said the association is in the process of applying to the Office of the Attorney General to be registered as a non-profit organisation, with the intention of filing for judicial review proceedings against the government for both negligence and breach of the government’s statutory duties under the Environmental Health Services Act and other legislation.

On March 5, scores of Jubilee Gardens residents were forced to evacuate their homes after a massive fire at the nearby landfill blanketed the community in thick, black hazardous smoke.

Days later, senior officials at the Department of Public Health told The Tribune that over 27 Jubilee Gardens residents were treated at the Flamingo Gardens clinic on the day of the fire, with four of those persons needing to be admitted for emergency care at the Princess Margaret Hospital.

Most of the symptoms residents in that community complained of were headaches, dizziness, and coughing, while others complained of having chest pains, Senior Nursing Officer Judith Scavella said at the time.

When contacted yesterday, Mr Smith confirmed that his clients, who have been allegedly “poisoned” by the “toxicity” of the March 5 fire, will start legal proceedings against the government.

“This is a huge social challenge and it is really regrettable that for decades, not only the people in Jubilee Gardens but much of New Providence have been so adversely affected by the negligence, incompetence, lack of professionalism on the part of successive administrations and/or (private entities),” Mr Smith said yesterday.

Last year, several residents said they were planning to take legal action against the government and “whatever parties necessary” as a result of the recurrent fires at the landfill.

At the time, Free National Movement candidate for Tall Pines Donald Saunders, an attorney, said his office was working with several persons seeking to bring action against the Christie administration and “any other party that may be responsible” for the fires that have plagued the Harold Road dumpsite.

Aside from the March 5 blaze, the city dump has been plagued with recurring fires for years. Renew Bahamas was engaged by the government in 2014 to manage the landfill and help address the matter, however the company ended its services in the aftermath of Hurricane Matthew last October, claiming low profitability.

The government subsequently took over management of the landfill as it looks for another company to remediate the site.

Last week, Environment Minister Kenred Dorsett said the request for proposal for the management of the beleaguered dumpsite would be issued in a matter of days.