Brazil judge to hear homicide charges laid against BHP, Vale, Samarco officials
A Brazil judge has ordered 21 people linked to BHP and Vale to answer to homicide charges over a deadly dam collapse.
A Brazilian federal judge has ordered 21 people linked to the world’s largest mining companies to answer to homicide charges in connection with last year’s deadly mine disaster.
Prosecutors last month filed charges against the suspects, who include current and former executives of mining giants Vale and BHP Billiton, and their joint venture Samarco Mineração SA.
Among the 21 charged with qualified homicide are one Australian and South African-born former senior BHP executive Jimmy Wilson. Five are current BHP employees and three are former employees of the mining giant. Three of the eight are based in Brazil.
Under Brazil’s legal system, a judge must accept the charges in order for the accused to officially become defendants. They now have 30 days to present a defence, at which point they will likely stand trial.
Federal judge Jacques de Queiroz Ferreira also indicted the companies for many environmental crimes, as well as inflicting grave bodily harm and causing a flood.
His decision was made on Thursday, but only became public overnight (AEDT).
Both Vale and BHP said they “repudiate” the charges. BHP said it would “fully support the defence of each of the individuals indicted.”
Samarco didn’t immediately respond to requests for comment, but said in October that it rejects the charges.
“Safety was always a priority,” Samarco said in a statement.
The decision is the latest step in a legal battle that has unfolded in the year since Samarco’s Fundão tailings dam at an iron ore mine in located in Minas Gerais state collapsed in November 2015, unleashing a torrent of toxic sludge that killed 19 people, razed villages and polluted hundreds of kilometres of waterway.
The failure is thought to be Brazil’s worst-ever environmental disaster, and one of the worst in mining history. Prosecutors contend that the companies knew of significant structural issues at the dam since as early as 2009, but allegedly ignored warning signs as they ramped up iron ore production. Prosecutors also say that Samarco’s board was informed of the likely consequences were the dam to fail.
The defendants, “by not fulfilling their duties despite knowing the risks and being aware of their responsibilities, contributed to the collapse,” Mr Ferreira in the decision.
Also among those charged with homicide are Vale’s iron ore director Peter Poppinga and former Samarco chief executive Ricardo Vescovi.
They could face sentences of 12 to 30 years if convicted, prosecutors say.
Mr Vescovi couldn’t be reached for comment. Mr Poppinga didn’t have any comment beyond that expressed by Vale.
Samarco and its shareholders, which have agreed to fully cleaning up the damage, are also facing a 155 billion real ($US45 billion) civil lawsuit filed in May.
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