Case

Case name

Thung Kam Co Ltd. vs Surapan an anti-mining villager

Defamation

Name of persons / Name of Media

Surapan

Status of Accused

No arrest pending investigation

Offense / order

Article 326 / 328 Criminal Code

Summary

Surapan gave an interview to a reporter from TNN24 channel after the violence between Loei anti-mining villagers and hundreds men in black. After that he was sued by the mining company at Phuket Provincial Court.

Basic information

Background of accused

Surapan, aka “Por Mai”, is the leader of Kon Rak Baan Kerd Group (“People Who Protect Their Homeland” Group). The Group has been protesting against gold mining in Loei Province for many years.

Prior to this case, Surapan was accused four other legal cases by Thung Kam Co. Ltd. There were two civil cases, and two criminal cases, trespassing and malicious damage allegations. Furthermore, Surapan was also threatened by a telephone call not to protest against mining.

Complainant / Plaintiff

Thung Kam Co. Ltd. is a subsidiary of Thung Harbour Plc, which has a branch in Phuket Province. The Company was granted permission to explore and extract gold ore, and was licensed to gold and copper mining, in Wang Saphung District and Mueang Loei District, Loei Province from the Ministry of Industry.

Thung Kam Co. Ltd. has six committeemen; Mr. Chana Wongsupa, Mr. Pramote Bunsit, Mr. Bundit Saengseridham, Mr. Wijit Jiamwijitkul, Mr. Wichai Cherdcheewasart, and Mr. Thanapoom Dettewandamrong.

For the accusation, the Plaintiff has authorised Mr. Suthep Buramarn to sue and to process the legal case. Later on, Mr. Suthep passed on this authorisation to either Mr. Wittaya Thongkung or Mr. Sumon Siemlek, one of them to process the legal cases.

Legal Claims

Defamation

Form of restriction on freedom

Charge filed
Type of media

Television
Province

Loei
Court

Phuket Privincial Court
Black case

คำอธิบายคดีดำ ภาษาอังกฤษ

No: 4471/2557

Details of offence according to charge

Between 16 – 17 May 2014, Surapan gave an interview to a TNN24 Channel reporter, as the mine’s workers burned huts and tents in the mine, to put the blame on the villagers. The statement was aired on 17 May 2014 in Chuamong Khao programme (“News Hour” programme) on TNN24 Channel.

Progress of case

In 1995, Thung Kam Co. Ltd., was licensed to gold mining in the area. There have been mountain demolitions for six licensed mining sites. It was an area of about 1,300 Rais. This includes ore processing mining plant, which has been operated since 2006, and there are other 106 sites. Altogether is about tens of thousands Rais in Loei Provience that the Company was granted license and has extracted gold ore. The Company continuously lodges a request for license one after one.

Ever since Thung Kam Co. Ltd., has been operated in the areas of Wang Saphung Sub-district, there have been reports of poisonous chemicals; such as cyanide and many other metals, environmental contamination in at least six villages around the mine. There have always been affects on health issues and ways of lives of the villages around the mine.

October 2012, near the surface of the pit, there has been a lot of cyanide-contaminated ore tailings stored in it. This as well caused metallurgical plant to collapse. If the mining is expanded, there will be even greater amount of ore brought into the plant, and will be more contaminated water in the troublesome pit.

On 8 February 2011, the Cabinet resolved that “the Ministry of Industry is to slow down the expansion of the new areas or granting permissions for Thung Kam Co. Ltd., Site No. 104/2538 and other sites, until the reasons for contaminations are concluded. As well as the result of the natural resources worthiness evaluations, mineral royalty and the ways of lives of the villagers, according the Sufficiency Economy and sustainable environment conservations, and Health Impact Assessment (HIA)”. However, the Resolution is not performed.

On 23 December 2012 and 8 September 2013, Thung Kam Co. Ltd., held a public hearing for the local and those who have been affected by the environmental affect management or Public Scoping. But the Army and Police Force did not allow the villagers around the gold mine and Kon Rak Baan Kerd Group (“People Who Protect Their Homeland” Group) to join the public hearing.

The local from six villages around the mine declared the community regulation. It is to control the weight of trucks/lorries that commute into the villages not to be more than 15 tonnes, and to forbid transporting dangerous chemicals to the villages. These measurements are for personal protections from the affects and the mine’s business. Then a wall was constructed around the roads in Nanongbong Village. The wall is to obstruct the trucks/lorries that are passed through the village to the gold mine. The wall is known as Kampaeng Jai (“Heart Wall”)

In the middle of the night on 15 May 2014, about 300 strong, masked men came to Nanongbong Village, Loei Province. They sieged the villagers’ checkpoints, took the villagers hostages while destroying the walls and brought the ore out from the mine, by using the public road in the village. A lot of villagers were injured from this chaotic incident. After the incident, many NGOs and media visited and talked to the villagers to find out the truth.

17 May 2014

Chuamong Khao programme (“News Hour” programme) on TNN24 Channel aired Surapan’s interview, which is a troublesome issue for this case.

15 August 2014

Thung Kam Co. Ltd., sued Surapan for defamation and defamatory by means of publication according to the Criminal Code, Section 326, 326 at Phuket Provincial Court. Because the plaintiff has a branch in Phuket. The plaintiff did not report the case to the police because it wants to submitt to the court itself.

20 October 2014

Phuket Provincial Court set a schedule for preliminary hearing.

Additional Information

Moreover, Thung Kam Co. Ltd., has also filed defamation lawsuit against Pornthip, a villager who is actively against mining, regarding the Nation TV interview, about the same time as Surapan’s interview. [to see details of the case of Porntip, click http://freedom.ilaw.or.th/en/case/632]

Other than defamation cases, Thung Kam Co. Ltd., has filed lawsuits against active villagers for at least four other cases;

Case 1: Civil case No. พ 974/2556, 14 defendants for torts and sued for damages of 50 million Baht, plus another 10 million Baht each day until the wall is torn down.

Case 2: Civil case No. พ 859/2556, 6 defendants for torts and sued for 70 million Baht.

Case 3: Criminal case No. อ 4217/2556, 7 defendants for trespass and malicious damage, Section 358, 362, 365, 83

Case 4: Criminal case No. อ 4542/2556, 7 defendants for trespass, Section 362, 365, 83

Reference

Thaipublica. Criminal case: Kampaeng Jai (“Heart Wall”) A gold mine between the villagers of Wang Saphung Sub-district and Thung Kam Co. Ltd., - Trespassing or lawful rights. Online. Retrieved on 6 October 2014.

Thaipublica. The case of the villagers’ Kampaeng Jai (“Heart Wall”) is against Thung Kam’s mine was filed civil case and sued for 120 million Baht, and 2 criminal cases. Online. Retrieved on 6 October 2014.

Voice from Thais. Joint Communique on the villagers who have been affected by the Wang Saphung gold mine, and who were still being life-threatened twice. Online. Retrieved on 6 October 2014.

Prachatai Website. Loei mine troubled at night – strong men stormed villagers – torn down blockades. Online. Retrieved on 6 October 2014.

Loei mine. 17 Fubruary 2014 : the progress of Kampaeng Jai (“Heart Wall”) case, the question that “Bundit Saengseridham” still doesn’t want to answer. Online. Retrieved on 6 October 2014.

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