Parties on both sides of the issue have taken turns filing lawsuits against each other as the fish continues to spread in 19 provinces so far
CPF, Charoen Pokphand Foods PCL, has filed a libel suit against Secetary-General of BioThai, Witoon Lianchamroon, who exposed the spread of the Blackchin tilapia fish alleged of being imported to and bred at the company’s nursery compound in late 2010.
BioThai said Mr. Witoon received the police notice to summon him to hear the charge of defamation made by him against the company last Friday (Sep 6). The hearing is scheduled for this Thursday (Sep 12).
The police notice was issued on August 5 but was just sent to Mr. Witoon one day after the fishermen had filed both civil and administrative lawsuits against the company and almost 20 state officials and agencies on September 5. It also noted that this is the second notice and is accompanied by more details of the case. Mr. Witoon, however, said he has not been provided with that document to acknowledge his guilt.
Mr. Witoon said he has informed his lawyer team from EnLaw, who will help him in the case and will appear at the police station on September 30.
The largest environmental lawsuit
On the other hand, the Lawyers Council of Thailand under the Royal Patronage, which provides legal action and advice over critical cases for communities and the poor nationwide, has brought representatives of those affected by the spread of the fish from two districts in Samut Songkhram province to the civil court to file a class action lawsuit against the company, the largest environmental lawsuit to date as over 1,400 people are involved.
10 of them acted on behalf of over 1,400 fishermen and aquaculture farmers in the two districts of Amphawa where the company’s compound is located and adjacent Bangkhonthee had travelled to the court in Bangkok last Thursday to file the class action lawsuit against the company to demand compensation for the loss of their incomes and the loss of an opportunity to enjoy the richness of biodiversity and ecosystems damaged by the spread of the fish alleged to have spread from the company’s compound.
The group also asked the court for an injunction to be issued against the company so as for it to clean up the mess caused by the spread of the fish based on the Polluter Pays Principle, according to the LCT.
According to the LCT, the company is alleged of importing and breeding the fish, which is an invasive species deemed to harm the ecosystems and native species here. Either by accidental or intentional acts, the fish spread from the company’s compound to natural surroundings nearby and afar, affecting fishermen as well as aquaculture farmers.
In Amphawa and Bangkhonthee, fishermen and aquaculture farmers affected by the spread of the fish had been invited to take part in the legal action, and over 1,400 of them showed their intention to take part in this legal case. The Fisheries Department has reported that so far 76 districts or areas in 19 provinces have been affected by the spread of the fish. The LCT has not yet revealed whether the legal action will be extended to the affected residents in those areas.
Aquaculture farmers have demanded compensation worth Bt 10,000 per rai per year for seven straight years, from 2017 when the fish was first officially learned to have spread in natural canals in the province to the present year. Each will also charge for the loss of their rights to the natural resources and the environment worth Bt 50,000. There are over 1,000 of them who own over 27,000 rai in the areas. So, they have demanded compensation worth Bt 1,982 million in total.
Local fishermen, meanwhile, have demanded compensation for the loss of their incomes worth Bt 500 a day or Bt 182,500 a year for those same seven straight years. Each will also charge for the loss of their rights to the natural resources and the environment worth Bt 50,000. There are over 380 of them who have demanded compensation worth Bt 19 million in total. Altogether, they have demanded compensation worth Bt 2,486,450,000 in total. The court has accepted the case for hearings.
The administrative case
The LCT on the same day also acted on behalf of 54 local fishermen and aquaculture farmers in those two districts in filing an administrative suit against 18 state officials and agencies concerned. They include the Fisheries Department, the department’s Director-General, the National Fisheries Policy Committee, the department’s biosafety committee, the Agriculture and Cooperatives Ministry, an Agriculture Minister, the Marine and Coastal Resources Department, the department’s Director-General, the National Marine and Coastal Resources Policy and Planning Committee, The Natural Resources and Environment Ministry, a Natural Resources and Environment Minister, the National Environment Board, the Disaster Prevention and Mitigation Committee, the Disaster Prevention and Mitigation Department, the department’s Director-General, the Interior Ministry, an Interior Minister, and the Finance Ministry.
The state officials and agencies concerned are accused of being negligent of duty, thus having violated the affected parties. The LCT asked the court to order the accused to enforce or jointly enforce their authorities to mitigate the impacts caused by the spread of the fish and allow the affected parties to take part in their mitigation measures.
The LCT also requested that the court order the accused to assess the damage and rehabilitate the damaged environment and ecosystems within a timeframe given by the court. Third, those with direct authority in disaster mitigation must issue an order to declare the affected areas disaster zones so that affected residents can be subject to state assistance and rehabilitation.
Last but not least, the LCT asked the court to order all of them to demand compensation from the company for the damage to the environment and ecosystems caused by the spread of the fish and for the costs incurred in state mitigation measures. The LCT also asked the court to issue an injunction to order the state officials and agencies concerned to assess the damage and compensate the affected residents immediately.
CPF has not made any responses to the legal cases against it so far.
Read the background at CPF reaffirms it has no role in the spread of invasive blackchin fish/ CPF accused of breeding blackchin fish since first fish import/ Lawyers Council sets to file lawsuits against concerned agencies and “the company” over blackchin fish invasion/ “It (the spread of blackchin fish) was not from us”: CPF.
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