Dear Editor,

It is hard to understand why President Obama did not push the Justice Department to seek prosecutions of those wealthy individuals who clearly have engaged in criminal activities.

The Justice Department advanced all kinds of reasons why corporations such as J.P. Morgan and HSBC which made billions on risky and yes, fraudulent transactions, all of which contributed to the big recession in 2007, should not be prosecuted. First, they argue that corporations, unlike people, cannot be jailed. Yes, all too true, but the Supreme Court in the Citizens United case held that corporations were persons under the Constitution, thus entitled to First Amendment Rights which include making unlimited donations in political campaigns, but apparently none of the detriments the rest of us face because they are not considered in the criminal settings to be persons. Furthermore, they could be at least fined upon being convicted criminally.

They also express concerns that no one person in a corporation can be singled out for prosecution because the fraudulent conduct was performed jointly by several people, ignoring the concept that if individuals conspire together to engage in fraudulent transactions, this is definitely a criminal conspiracy.

Finally, they say that bringing criminal charges against a company could lead to the insolvency of that company. What about the situation of a person in a criminal matter being put into insolvency? No concerns about that.

J.P. Morgan’s profits were so large that it was able to promptly pay the US $13 billion civil penalty assessed against it for its role in the mortgage fiasco and yet cannot financially endure a criminal prosecution?

But then we have the case of 29 men who died in an explosion, fuelled by methane and coal dust, on April 5, 2010, at the mine operated by Massey Energy in West Virginia. A ream of evidence uncovered shortly after this event revealed that Massey’s CEO, Don Blankenship, now age 65, once a major power in the coal industry, was able to obtain forewarnings of surprise visits from the Federal mine safety agency, that he ignored safety directives and hid violations from that agency; was assessed some 369 violations in a 12 year period; threatened workers with discharge if they complained about safety issues; and spent huge amounts to influence local elections in West Virginia.

To demonstrate how, apart from the explosion, lack of basic safety requirements contributed to on-going health problems of Massey workers, 71 per cent of the workers at the mine where the explosion occurred were found to have black lung disease, compared to 3.2 per cent nationally.

Finally in October 2014, the US Attorney in West Virginia filed charges against Blankenship and trial was scheduled for January 2015, but was postponed by the presiding judge at the request of the defendant. Trial did not actually start until early October of 2015 and lasted two months during which time vast amounts of evidence showing safety violations was presented.

On December 4, 2015, the jury returned a verdict of guilty of the charge that Blankenship had “wilfully violated work place safety,” but acquitted him on two other charges, one being that he gave false statements. During trials, jurors are not told about the severity of the various charges and in this case they did not know that their guilty verdict was for a misdemeanour with a sentence of only one year, whereas the two other charges were felonies with sentences up to 20 years in prison.

Blankenship was sentenced to the one year on April 6, 2016, six years and a day after the explosion. Survivors of loved ones killed in this terrible explosion were horrified, aghast and angry. Jurors were heard to lament that their guilty verdict turned out to be only for a misdemeanour. Justice denied in another branch of the government.

Stephen Hopkins

Dear Editor,
The landfill (dump) in Philipsburg is on fire again and the perils with the new garbage collection contracts in general have only added to the frustration.
Some might feel that this is open political season and we could now point fingers at the persons who were in charge of areas like Public Works, etc., for many years and under whose responsibility this matter fell.
We could use the lack of visible action by those persons as political ammunition and start to "shoot" at these persons who over the years and for mainly selfish reasons have stalled, turned back, reversed or whatever the case might have been, any plan that had to do with arriving at a solution for the Philipsburg landfill.
However, this blame game will not get us any closer to a solution at this time.
The people of St. Maarten are nevertheless encouraged to look back over the years and see who has been responsible for the stalling and reversing and who even in the recent past have tried to get between GEBE and a possible solution. That again will not get us out of the impasse we are apparently in.
I have said to my coalition partners that we need to cut to the chase and if e.g. the plan that is now on the table is just sitting there and coming to a power purchase agreement with GEBE does not appear feasible due to cost or economy of scale, then we need to cut it!
We need to cut to the chase and let go of unfeasible proposals.
Don't let it remain lying on a desk at GEBE, because stakeholders might not want to hear that once again and because of the passing of time, another plan must be aborted.
Let government make a firm decision if the proposed system for a Waste to Energy plan is not workable and let's move on.
We can understand that the current situation of the board and management of GEBE does not contribute to a speedy decision, but it is also a fact that GEBE has had this proposal for some time now.
And so although the DP hopes for a speedy decision with respect to management and board of GEBE, we do not believe the decision of "go or no-go" should depend on such.
In addition, we recently had a new contract for the management of the landfill signed. That contract was on the basis of how things were and how things used to be done.
If we consider the fact that even if we were to reach a firm agreement for a Waste-to-Energy or any other system to dispose of our garbage today, it would allegedly take 18 months to two years before operation, the management of the dump, in our opinion needs to be revisited.
The question to consider in that case would be: can rehabilitation of the existing dump take place while getting the new system up and running?
We really hope so.

Sarah Wescot-Williams
Leader, Democratic Party (DP)

Dear Editor,

Providence Bay, (informally named years ago, the word means ‘to use foresight’) lies at the Eastern (sunrise) end of the Causeway bridge. It used to be a single bay of mangroves, but is now partly divided by the ‘foot’ of the bridge. Although much of the bay was badly affected during and after the unscreened bridge-dredging operations, it has slowly but surely crawled, swam and wriggled back on the road to recovery both above and below the surface.

The invasive ‘snot-weed’ which took over after dredging is fighting a slow, but we hope losing battle (though summer may bring another bloom). The sudden restriction in circulation in the bay (due to the bridge footing) seemed to contribute negatively, but life abounds! Both sides of the bridge are in recovery mode and every week we see new evidence of mangroves re-establishing themselves on the mud flat, more water birds and frogs, as well as birds of prey are slowly spending more time in the area. Sadly, the bats stay away from the bridge lights.

Alongside the transplanted mangroves, which concerned private individuals took so much effort to establish, crabs and hosts of juvenile fish and fry find their niche for a while. Canoe eco-tours and local recreational fishermen are daily visitors to the environs, we see folks fly fishing, locals catching a few crabs or fish for supper. Evening strollers with their children and the regular runners and cyclists will have seen how this area of Providence Bay is recovering. Both sides of the bridge here make wonderful and practical corner for gentle eco-tourism and resident relaxation. The egrets and herons on the flats to the South are beautiful at sunset.

The historic slave wall is close by to the North, though a scrabble to get through the bush in places. By canoe one can locate where the slave wall encounters the lagoon. Some lobster fishermen removed a lot of the rocks, but it is a pretty spot under the mangroves by the water. I cannot help wondering how many freedom seekers once waited praying in a similar hush, somewhere close to where I am, perhaps? Waiting a chance get to the wall and over; or for the sound of the dogs coming in the night. A simple trail from the bridge would allow folks good access to a contemplative spot by the wall.

Bird watching is gentle and easily accommodated for with a trail and a viewing hide or two, especially to the South. How many people have seen a raptor take a fish at sunset? The island was voted in the top 10 for bird watching destinations recently (see Herald). Passing turtles (a few each year) seem to hang out for a day or so, munching on the weeds and the varieties of jellyfish which colonise some parts. Big shoals of fish of all ages circulate in and through the bay. Rays and barracuda (one really big chap) patrol the bay.

The Southern side of this bay is one of the proposed site for a 6,000m2 sewerage plant built on a man-made peninsular or island, which will require massive dredging and its associated impact. To consider changing the circulation of the lagoon, and destroying a large area of mangrove as well as taking away from the community of St. Maarten yet another pleasant corner, surely must be seen short-sighted. The Nature Foundation of St. Maarten clearly states in its in-depth report on the proposal that they can find NO scientific environmental reason for locating the plant in this area. Read between the lines...

Other locations are available and more desirable, and certainly more ‘dead’ than Providence Bay.

Cole Bay – a diseased, over-developed and poisoned part of the lagoon is in desperate need of help and really the place to start. Cole Bay has been overloaded with heavy traffic, unscreened dredging and re-dredging for years, the tiny flow to the sea is long blocked. The Nature Foundation survey yields scary results. Compare the graphs on pages 15/16 with those on 17/18. A sewerage plant there would allow for rapid clean-up and prevention of more effluent etc. entering that part of the lagoon. If proximity to residences seems to be an issue, then build it long and narrow perhaps? The western end of the Causeway, both sides - barren and open.

The man-made land adjacent to the Isle de Sol marina is plenty big enough, out of sight and already there. No dredging, start building next week! It would serve for all the mega yachts at the marina to pump-out directly instead of trucking sewerage along the roads, or pumping their holding tanks out between island stops. Surely the community-minded owner of this land would be approachable about coming to an arrangement with Government about sharing a small potion his created land with the community for such a vital project.

Each of these suggested sites allows fairly close access to the ocean for emergency discharges of effluent or freshwater excess via a pipe-line, should that be part of the long-term plan.

The eastern end of the bridge does not need such drastic interference, some sensible community input and care, that’s all. It is also an ideal area for a possible play park, youth- sailing training, birdwatching trails, canoeing, re-energising. The politicians have apparently declared the area “dead.” I suppose it might look like that from the back of a passing car with tinted windows. Mangroves are meant to be muddy and messy.

Please and with respect, elected leaders take a better look, read the Nature Foundation recommendations, and remember who will be held accountable for your actions. No, not you of course, I am talking about the taxpayers and their children who will pay for poorly informed decisions made now, for decades to come.

With respect, I am asking all concerned people and groups to publicly voice as many questions as possible regarding the site of the sewerage plant. Wherever it is put, it will have an impact; we must use every consideration to reduce that impact to a minimum. No part of the lagoon or the island is entirely isolate from the rest. Ministers and Members of Parliament, private people, community leaders, church groups, enviro/eco groups, SMMTA, EPIC, schools, University of St. Martin, water tour operators, yacht clubs, etc.; Read or re-read the “Assessment (of) Proposed Location - Sewerage Plant” Nature Foundation of St. Maarten, available from www.naturefoundationsxm.org . It has colour photos and graphs and is for the most part clearly explained for the lay person. Take a walk or a paddle around the areas mentioned here. Talk to local environment and nature experts; get as much of the whole picture as you can.

Like the garbage dump situation, action must be taken regarding sewerage treatment, but it is how that action is taken, and with what foresight final decisions are made. Historically and globally, human “management” of environmentally sensitive areas, no matter how well-meant at the time, all too often doesn't work or rare help in the long term, and sometimes we really mess up! But at least as 21st century, environmentally-aware islanders, using knowledge and foresight we can try very hard to make the most appropriate choices. Let's do that now! The decision, possibly being made this week, should not quietly go ahead without YOUR input and questions. Sewerage is something we ALL produce.

Mason Chadwick

Dear Editor,

Please allow me some space in your newspaper to address Health Minister Emil Lee.

Hello Mr. Lee, and I was so glad and relieved to read your advice in the newspaper …“ If you are walking anywhere downtown, or your house is enveloped by the deadly toxic smoke billowing from the dump that’s been burning out of control for three days NEVER, ever breath. Hold your breath for as long as it takes, but never actually breath the air.”

I can see now why you got appointed as Minister of Public Health with that astounding insight and clarity of thought. Clearly all those years of professional training and experience in the field of health are really paying off. I guess that’s why you get the big money.

Now that that’s settled, how about some more of that keen Kreskin-like insight into things like… oh you know…Who is doing what to put the fire out? Or, gee, how do we keep this from happening EVERY SINGLE YEAR like the last 20 or so…you know… stuff like that.

Once again, a keen example of our tax dollars at work.

Stefanie Kaesler