The "The Verdict Is In!" Story

It was an ordinary day.  Just beginning to read some of the comments that are being posted and emailed to me about the law suit that my friend Barbara and a friend of hers and his law group had filed against the government of Sint Maarten in reference to the burning public dump which is a short distance from Barbara's home as well as the law firm.  A few days ago I posted a story about what the law suit was about and the length of time that the dump fire has been burning in the middle of their capital city of Philipsburg.  A few of the comments today read:

from Irina came: Brilliant Ms Cannegieter!  So much double speak from government. A very good start. Congrats.

from tlcm110 came: Way to kick ass!  Proud of you.

from Fran came: So proud of you. Fran

then from Barbara came this note: morning.  thanks thanks thanks.  the judge did not play with their double speak. we were very pleased.

Barbara then sent a link to the story in the island's "The Daily Herald" which features a photograph of Barbara, her friend Camiel Koster and I assume another lawyer from the law firm Bergma Zwanikken Sow Essed (BZSE).  The story told of the hearing and an outcome that was a big lift for the plaintiffs.  

The constant fire that burns in Sint Maarten near Barbara's home.

The plaintiffs requested that the Court order the government and the dump operator to take effective measures to prevent the emission of smoke, gases and stench at the landfill within three months following a ruling.  They also called upon the Court to order government to have an official institution such as the Netherlands Institute for Public Health and the Environment RIVM in Bilthoven, the Netherlands, conduct measurements of the toxic fumes and to make these public.  In case of non-compliance, the Judge is requested to attach to the verdict daily penalties of US $5,000 with a minimum of $1 million.  At the end of the hearing, Barbara made an emotional plea to the Judge to finally tackle the problems at the dump.  "It is time to make a start.  That is why I'm here and started this procedure.  People are tired and sick of it," she said.  The Minister of VROMI made a statement in January in which he stated that the dump is his biggest concern.  "It is a monster.  I consider it a Giant Murderer," he said.  The Minister said in May that the dump-management agreement would be terminated and a waste-project manager would be appointed.  Still hasn't happened!  The plaintiffs said that nothing has happened and that promises were made 20 years ago, but nothing has come of these.  Yes, you read that correctly...20 YEARS AGO!  The plaintiffs also cited an expert who was hired to develop and advise the government on the fires, in hopes that the fires at the temporary "Irma" (last year's horrific hurricane) landfill could be stopped in five weeks and those at the larger dumpsite within five months.  The litigants, as well as many others, claim that government is acting unlawful in its failure to meet its constitutional obligation to promote public health and the livability of St. Maarten.  The Government responded saying the fires have been under control for some time now.  Now, if you read my blog on a regular basis, you will remember a few stories that featured violent fires burning in the past few months.  The Government also stated that should the plaintiffs win the suit, the Government shouldn't have to make any penalty payments.  Now for the outcome...At the end of the hearing, the Judge said he is expecting a road map with steps to prevent dump fires and the emission of smoke.  This road map should be landing at the Judge's desk by the end of next week, together with the results of air-quality measurements.  The Government's representatives said this may be difficult to achieve as minister Gitterson is currently off island. (my note: and why would he be off island when he knew of this hearing!)  Also, it was indicated that St. Maarten does not have any influence on the World Bank and its slow decision-making process.  To that the Judge recommended litigants and BZSE law office create a foundation to manage any penalty payments that may be imposed by him.  To prevent litigants from becoming "millionaires" the foundation in formation should serve a good cause aimed at better landfill management.  An actual Court decision in the injunction may follow at a later date.  So, it may not be a total win for Barbara and her team, but it is finally a start to the correction of a problem that has plagued the island for close to a quarter of a century.  And, as tlcm said, "Way to kick ass!"  It was another extraordinary day in the life of an ordinary guy.

The happy litigants...Barbara and members of the law firm.