Judge orders Windalco MD to continue in Rio Cobre fish kill case despite impending departure

A judge today ruled that Leonid Stavitskiy, managing director of bauxite mining company Windalco, which is before the St Catherine Parish Court regarding a 2019 fish kill in the Rio Cobre, must return to court to continue to answer questions despite his impending departure from the company.

The court heard that Stavitskiy’s contract expires at the end of February.

He was bound over and Senior Parish Court Judge Desiree Alleyne ruled that he must reappear in court on May 15 for the continuation of the matter.

The decision came after Crown Counsel Dwayne Green, representing the Office of the Director of Public Prosecutions, argued that Stavitskiy’s presence was necessary in the pursuit of justice.

In agreeing, the judge stated that his involvement in the case warrants his continued presence, even after his contract ends.

King’s Counsel Jacqueline Samuels-Brown, representing Stavitskiy, contended that since his contract will expire at the end of the month, his presence should no longer be required, as a new manager will assume responsibility.

"When he reappears on the next court date, he will not be in that capacity, as his contract will have ended. There will be a new person in that role, so we do not find his appearance necessary," Samuels-Brown argued.

However, Alleyne maintained that since he was initially involved in the matter, his presence remains essential.

In response, Green applied for a stop order to be placed on Stavitskiy to ensure his appearance in court.

However, the judge declined to grant the request.

Allegations before the court are that in 2019, effluent allegedly from Windalco escaped into the Rio Cobre, causing a massive fish kill and damage to other aquatic organisms.

Residents of Kent Village and surrounding areas were reportedly adversely affected by the discharge of the raw effluent into the river.

The National Environment and Planning Agency conducted an investigation and subsequently served an enforcement notice on the company.

It was later summoned to court for breaches of the Wildlife Protection Act.

-Rasbert Turner

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