The Tribune

By RASHAD ROLLE

Tribune News Editor

rrolle@tribunemedia.net

FORMER Environment Minister Romauld Ferreira and environmentalist Joe Darville said Attorney General Ryan Pinder’s refusal to say how much Sun Oil was fined for an oil spill in Exuma last year sets a “terrible precedent” for environmental justice in the country.

Mr Pinder told reporters last week that he doesn’t “disclose confidential settlements at the Office of the Attorney General”.

His comment came after 35,000 gallons of diesel was spilt into waters off the coast of Great Exuma when a vessel Sun Oil contracted was delivering fuel in July 2022. A breach in the hose from the supply ship was reportedly responsible for the leak, which has since been remediated.

On Sunday, Sun Oil Chairman Sir Franklyn Wilson told The Tribune that, to his knowledge, the company was fined, but he could not recall how much.

Asked if he believes the attorney general should reveal the fine amount, he said the country faces more pressing issues.

In April, Mr Pinder said the fine would be the first the government has collected in an environmental matter since the passage of the Environmental Planning and Protection Act in 2019.

The ability of the law to facilitate fines for environmental pollution was emphasised during the debate on the legislation, but Mr Ferreira, who helped guide the bill through Cabinet and Parliament, said keeping fines secret nearly defeats the purpose of imposing them.

“Why would you,” he said yesterday, “want to hide the first environmental matter from public scrutiny? What is it you’ve settled for that cannot withstand scrutiny? I have a problem with it.”

Since the Progressive Liberal Party came to office, the Office of the Attorney General has settled a number of high-profile lawsuits brought under the Minnis administration. Officials have not revealed the settlement awards, claiming doing so could prejudice ongoing negotiations and proceedings.

Police Commissioner Clayton Fernander, Deputy Commissioner Leamond Deleveaux, former Minister of Labour Shane Gibson, Financial Secretary Simon Wilson and former Bahamas Power & Light Chairwoman Darnell Osborne are a few high-profile officials awarded confidential settlements in the last two years.

In May, prominent attorney Romona Farquharson Seymour said the administration’s rationale for not disclosing awards is unjustified because lawyers privately share information among themselves.

Mr Ferreira said it is common for countries to disclose environmental fines, not least because it sends a message to people and companies about how serious they are about protecting the environment.

“Secret legal settlements are kind of detrimental to the principles of justice and fairness,” he said. “How do we know if justice was truly served in this case? We know that there is a nexus of relationships. We know that because we know who the players are, but we cannot determine whether powerful interests were favoured behind closed doors, and that’s a tragedy.

“What he is really saying is, trust me, I have your best interest at heart. This is a complete lack of accountability, and it undermines public trust.”

 “We have the right to know the compensation,” Mr Darville said yesterday, adding he found the attorney general’s response “extremely troubling”.

 “We should know, it should remain public with no equivocation ever.

 “Disclosure would impact the importance of being strategically responsible at every step of the way. This is common sense. We are not stupid. We suppose to be an independent nation. We should not have to grovel for this information.”