Thung Kam Co Ltd. vs Porntip an anti-mining villager
Latest Update: 14/01/2017
Defendant
Porntip
Case Status
Judgment / End of trial
Case Started
2014
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.
Table of Content
Porntip gave an interview to a reporter from NationTV after the violence between Loei anti-mining villagers and hundreds men in black. After that she was sued by the mining company at Phuket Provincial Court.
Defendant Background
Porntip, aka “Mae Pop”, is the member 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, Porntip was accused for trespassing as another lawsuit.
Offense
Article 326 / 328 Criminal Code
Allegation
On 16 May 2014, Pornthip gave an interview to a Nation TV reporter, as the mine was the reason for contaminated water sources in the village and human toxicity. The statement was aired on 16 May 2014 in Keb Tok Jak Nation programme (“Leftovers from Nation” programme) on Nation TV.
Circumstance of Arrest
No information
Trial Observation
No information
Black Case
4472/2557
Court
Phuket Privincial Court
Additional Info
Moreover, Thung Kam Co. Ltd., has also filed a defamation lawsuit against Surapan, a villager who is actively against mining, regarding the TNN24 interview, about the same time as Porntip’s interview. [to see details of the case of Surapan, click http://freedom.ilaw.or.th/en/case/631]
Other than defamation cases, Thung Kam Co. Ltd., has filed lawsuits against Porntip at least one cases;
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.
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.
16 May 2014
Keb Tok Jak Nation programme (“Leftovers from Nation” programme) on Nation TV aired Porntip’s interview, which is a troublesome issue for this case.
15 August 2014
Thung Kam Co. Ltd., sued Porntip for defamation and defamatory by means of publication according to the Criminal Code, Section 326, 326 at Phuket Provincial Court.
3 November 2014Phuket Provincial Court set a schedule for preliminary hearing.
Verdict
No information