Court acquits locals of defaming gold mine

Court acquits locals of defaming gold mine

Tungkum suit seeking B50m thrown out

Local demonstrations like this in Loei province supposedly drove the gold-mining firm Tungkum Ltd to file their unsuccessful lawsuit to force them to stop. (Photo courtesy Fortify Rights International)
Local demonstrations like this in Loei province supposedly drove the gold-mining firm Tungkum Ltd to file their unsuccessful lawsuit to force them to stop. (Photo courtesy Fortify Rights International)

A court has acquitted six villagers of defamation charges which a gold mining company lodged against them last year.

A sign they erected saying the company was not welcome in their community was a legitimate expression of their rights, the Loei provincial court ruled.

The court on Wednesday dismissed the complaint against the villagers, members of the Khon Rak Ban Kerd, a community-based group which advocates protecting the environment from the gold mine.

Gold-mining company Tungkum Ltd filed a criminal and civil defamation suit seeking 50 million baht in damages from the villagers.

The defendants erected signs at the entrance of Na Nong Bong village and along the main road in the village, calling for the closure of the controversial mine and rehabilitation of the local environment.

The court said the defendants were direct parties to any problems occurring in the communities so they had the right to express their concerns.

The defendants welcomed the court's ruling. "It's not just our ordeal. We stand up not for our own interests but for the community's wellbeing," said Pornthip Hongchai, 46.

The other defendants were Surapun Rujichaiyavat, Viron Rujichaiyavat, Konglai Phakmee, Samai Phakmee, and Mon Khunna, who are living in communities surrounding the Tungkum Ltd open-pit copper-gold mine.

Amy Smith, the executive director of Fortify Rights, said the decision affirmed people's fundamental rights.

"Unfortunately, there are several similarly unwarranted cases still pending against villagers in Loei," said Ms Smith.

The company should drop "these frivolous lawsuits and stop trying to use the judicial system to silence critics".

Open-pit gold mining at Tungkum's Loei site drove villagers to form Khon Rak Ban Kerd to press for closing the mine in the name of protecting the environment. (Handout photo by Tungkum Ltd)

On March 10, the company dropped a separate criminal defamation complaint against Mr Surapun, who had been accused of harming the company's reputation. He posted on Facebook a petition letter demanding an investigation into the legality of the mining concession and the transport of ore from the mine site.

The Khon Rak Ban Kerd group was formed in 2007 by villagers from six communities surrounding the mine, calling for a clean environment and opposing the mining operation.

Tungkum Ltd has brought at least 19 criminal and civil lawsuits against 33 members of the activist group and other villagers in the past seven years, including the six members who emerged victorious after Wednesday's decision.

The company has sought 320 million baht from villagers in Loei. Currently, eight criminal and civil cases involving at least 25 villagers are pending.

Most recently, the company filed criminal defamation complaints against a 15-year-old schoolgirl and the Thai Public Broadcasting Service.

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