Brazil Judge to Hear Charges in Samarco Dam Collapse
November 18 2016 - 3:20PM
Dow Jones News
RIO DE JANEIRO—A 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 in southeastern
Brazil.
Prosecutors last month filed charges against the suspects, who
include current and former executives of mining giants Vale SA and
BHP Billiton Ltd., and their joint venture Samarco Mineraç ã o
SA.
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 defense, 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 Wednesday, but only became public on
Friday.
Both Vale and BHP said they "repudiate" the charges. BHP said it
would "fully support the defense 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.
Friday's decision is the latest step in a legal battle that has
unfolded in the year since Samarco's Fundã o 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 400 miles 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.
Among those charged with homicide are Vale's iron ore director
Peter Poppinga and former Samarco chief executive Ricardo Vescovi,
as well as eight Vale and BHP representatives at Samarco. 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 ($45
billion) civil lawsuit filed in May.
(END) Dow Jones Newswires
November 18, 2016 15:05 ET (20:05 GMT)
Copyright (c) 2016 Dow Jones & Company, Inc.
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