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JET sued for review of Dolphin Cove EIA
BY KERIL WRIGHT Observer staff reporter kerilw@jamaicaobserver.com
Monday, March 10, 2008
Montego Bay, St James - The consultants responsible for the Environmental Impact Assessment (EIA) of the proposed Dolphin Cove facility in Hanover have filed a lawsuit against the Jamaica Environment Trust (JET), claiming defamation and demanding that a review of the EIA be removed from the JET website.
MCCAULAY. it's a way to intimidate civil groups
But head of the JET, Diana McCaulay, has dismissed the suit as unprecedented, dangerous and without merit, and vows to mount a strong defence.
"To my knowledge, it's the first time something such as this has happened," McCaulay told the Observer. She said they received the suit on Thursday seeking, in addition to exemplary and aggravated damages, that the agency remove its review of the EIA from its website - in which it objected to the establishment of another captive dolphin facility.
"It's a way to intimidate civil groups," said McCaulay. "It is dangerous and completely without merit and they are doing it to intimidate us."
The agency's review of the EIA on the Dolphin Cove facility slated for Paradise in Hanover includes among their concerns; a conflict of interest, as, according to the JET, a senior member of the firm which carried out the EIA is related by marriage to the owners of the proposed development.
Secondly, the JET questioned the establishment of a captive breeding programme, using wild-caught Caribbean dolphins, as the JET claims no research has been done to determine whether the forced removal of the animals rom Caribbean waters would affect the survival of the species.
The Observer was unable to contact officials of Dolphin Cove for a comment.
Yesterday, Daniel Andrade, the JET's legal officer, said that the environmental consultants' application for an interim injunction to have the JET remove the review from the website will be heard in the Supreme Court on March 17.
Andrade could not say when the defamation claim would be heard. In preparation, the JET have retained Lord Anthony Gifford.
McCaulay pointed out that as is routine and customary, they had forwarded their concerns and comments to the National Environment and Planning Agency (NEPA), and then posted their review online - as they had done with many other reviews - as a general service to the public.
She charged that the suit was nothing more than what is known as a SLAPP - Strategic Litigation Against Public Participation - and vowed to garner public support and the support of similar agencies.
"It is not right for this to happen," said McCaulay
BY KERIL WRIGHT Observer staff reporter kerilw@jamaicaobserver.com
Monday, March 10, 2008
Montego Bay, St James - The consultants responsible for the Environmental Impact Assessment (EIA) of the proposed Dolphin Cove facility in Hanover have filed a lawsuit against the Jamaica Environment Trust (JET), claiming defamation and demanding that a review of the EIA be removed from the JET website.
MCCAULAY. it's a way to intimidate civil groups But head of the JET, Diana McCaulay, has dismissed the suit as unprecedented, dangerous and without merit, and vows to mount a strong defence.
"To my knowledge, it's the first time something such as this has happened," McCaulay told the Observer. She said they received the suit on Thursday seeking, in addition to exemplary and aggravated damages, that the agency remove its review of the EIA from its website - in which it objected to the establishment of another captive dolphin facility.
"It's a way to intimidate civil groups," said McCaulay. "It is dangerous and completely without merit and they are doing it to intimidate us."
The agency's review of the EIA on the Dolphin Cove facility slated for Paradise in Hanover includes among their concerns; a conflict of interest, as, according to the JET, a senior member of the firm which carried out the EIA is related by marriage to the owners of the proposed development.
Secondly, the JET questioned the establishment of a captive breeding programme, using wild-caught Caribbean dolphins, as the JET claims no research has been done to determine whether the forced removal of the animals rom Caribbean waters would affect the survival of the species.
The Observer was unable to contact officials of Dolphin Cove for a comment.
Yesterday, Daniel Andrade, the JET's legal officer, said that the environmental consultants' application for an interim injunction to have the JET remove the review from the website will be heard in the Supreme Court on March 17.
Andrade could not say when the defamation claim would be heard. In preparation, the JET have retained Lord Anthony Gifford.
McCaulay pointed out that as is routine and customary, they had forwarded their concerns and comments to the National Environment and Planning Agency (NEPA), and then posted their review online - as they had done with many other reviews - as a general service to the public.
She charged that the suit was nothing more than what is known as a SLAPP - Strategic Litigation Against Public Participation - and vowed to garner public support and the support of similar agencies.
"It is not right for this to happen," said McCaulay
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