A Spanish judge has ruled that criminal charges should not be laid in connection with the April 1998 tailings spill at the Los Frailes base metal mine in southwestern Spain, owned by a subsidiary of
In her decision, Judge Celia Belhadj-Ben said there would have to have been “grave imprudence” or “relevant and gross inattention” to the situation at Los Frailes for criminal charges to be justified.
The investigation had centred on management of the operating company, Boliden Apirsa, and on technical and managerial staff at the company’s consulting firms, as well as on two officials of the Andalusian regional government and one from the national Ministry of the Environment.
The judge concluded that “the necessary elements for prosecution did not coincide,” based on results of an inquiry held by two engineering professors from the Polytechnic University of Catalunya.
The Spanish minister of the environment, Jaume Matas, says the government may appeal the judge’s ruling, telling the national RTVE network that “we have always thought there was criminal responsibility” and that shelving the investigation could potentially set “a grave precedent.”
Greenpeace Spain describes the judge’s decision as “unacceptable” and spokesman Pablo Mascarenas says Boliden and the Andalusian and Spanish governments “must assume responsibility for one of the worst environmental catastrophes ever to occur” in Spain.
A local agricultural group also said it would seek to have the investigation reopened. Farmers in the area downstream from the dam failure received compensation to the tune of US$12 million but retained the right to sue third parties for damages arising out of the dam failure.
The decision to shelve the investigation leaves the way open for civil suits against the subjects of the investigation and against the companies, which had been held off pending the results of the criminal investigation.
Meanwhile, Australian firm Murchison United announced it had reached an agreement with Boliden Apirsa allowing it an exclusive right to perform a pre-purchase investigation on Los Frailes. In early October 2000, Boliden announced it would be seeking a buyer for Los Frailes, which has incurred losses ever since reopening in early 1999.
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