Akara faces Bt500m class-action lawsuit related to gold mine pollution

By PRATCH RUJIVANAROM 
THE NATION

 

File photo: Akara Resources

 

THE CIVIL COURT has accepted a class-action lawsuit against Akara Resources over health problems suffered by local people allegedly stemming from its gold mine operation.

 

The lawyer for the plaintiffs, Somchai Ameen, said yesterday the Civil Court had accepted the class-action case involving more than 6,000 people who live near the Chatree gold mine in two tambons of Phichit and Phetchabun.

 

The suit demands compensation from the company, as the plaintiffs claimed the people’s health has been harmed by the environmental impacts from the gold mine.

 

Somchai said after suing Akara in 2016 and litigating whether it constituted a class-action case for more than a year, he was glad the court had finally accepted the class-action status. The defendant has seven days to appeal before the court proceeds with the case.

 

“This case can be a benchmark for class-action lawsuits on environmental issues, as all people who are affected can sue for compensation for damage suffered, without having to directly engage in litigation,” he said.

 

He said the representative of the affected people was Thanyarat Sinthonthammathat. The names of 300 affected people were presented to the court. Many local people had become sick from prolonged exposure to heavy metals, he added.

 

He added that a recent report by Naresuan University, which confirmed the leakage of water from the gold mine’s tailing storage facility to the environment, would be prominent evidence in the case.

 

Thanyarat said she would demand compensation of Bt1.5 million for herself, while the total sum demanded from Akara was about Bt500 million.

 

As of press time, Akara had not commented on the class-action case.

 

Source: http://www.nationmultimedia.com/detail/national/30342040

 

-- © Copyright The Nation 2018-03-30

A feeble attempt at payback for Akara' claim against the Thai government for closing down this mine.....which in turn, removed important salaries from the region.

Akara have all the evidence which has been tracked for years.....the junta is obviously nervous as the outcome will affect foreign investment to a degree.

 

"This case can be a benchmark for class-action lawsuits on environmental issues,".....well..only of course, should a case be found against a foreign owned enterprise. Thai owned businesses don't take the slightest notice of environmental issues. This country completes an environmental impact assessment in record time, with never an issue with Thai developers.

16 minutes ago, ChrisY1 said:

A feeble attempt at payback for Akara' claim against the Thai government for closing down this mine.....which in turn, removed important salaries from the region.

Akara have all the evidence which has been tracked for years.....the junta is obviously nervous as the outcome will affect foreign investment to a degree.

 

"This case can be a benchmark for class-action lawsuits on environmental issues,".....well..only of course, should a case be found against a foreign owned enterprise. Thai owned businesses don't take the slightest notice of environmental issues. This country completes an environmental impact assessment in record time, with never an issue with Thai developers.

 

"feeble attempt", like gold mining isn't polluting at all. Do me a favor read some more. 

Good! Make company clean up!

"A feeble attempt at payback for Akara' claim against the Thai government for closing down this mine.....which in turn, removed important salaries from the region.

Akara have all the evidence which has been tracked for years....."

 

It may not matter how much evidence Akara has in a country where the court system can so easily be compromised. It would certainly help the government's case (or at least save some face if Akara's claim goes against them) if the class action were to be successful. Anyone want to bet on the outcome?

8 hours ago, webfact said:

THE CIVIL COURT has accepted a class-action lawsuit against Akara Resources over health problems suffered by local people allegedly stemming from its gold mine operation.

Such class-action suit against Akara under a free trade agreement has no standing. The TAFTA has the legality of a treaty that is a nation-to-nation relationship. Thailand agreed that the only recourse for any unresolved complaint or damages is through mandatory arbitration. As such, Akara has no legal obligation to respond to the lawsuit nor comply with any subsequent adverse court ruling. Essentially, the court erred in accepting the lawsuit.

 

Any Thai government action taken to carry out an adverse court ruling against Akara such as impound of the gold mine assets and perhaps nationalization for (likely bargain) sale to a Thai company will also violate the World Trade Organization bylaws. That could result in economic sanctions from the WTO membership.

 

The plaintiffs would have better legal standing to bring the lawsuit against the Thai government, ie., for negligence in monitoring the gold mining operations resulting in alleged damages. It would then be the Thai government's responsibility to convince an arbitration tribunal to award such damages to the Thai complainants.

Now that environmental cases can be considered as class action litigation here, which didn't used to be the case, I wonder if someone will think to file a case against the Thai government for health damages from the rampant air pollution in the North and failing to enforce rules against burning.

 

I would think, that would be an EASY case to prove. They're violating their own standards constantly, and pretty much doing nothing about it.