Image credits: Antonio Cruz/ Agência Brasil

Tragedy in Mariana: BHP's fault will be judged in October 2024

The British court rescheduled the hearings that will judge the responsibilities of the Anglo-Australian mining company BHP Billiton in the Mariana (MG) tragedy for October 2024. The process where those affected are represented by the Anglo-American firm Pogust Goodhead has been ongoing since 2018.

Initially, the hearings were scheduled for April 2024. But this Friday (14), the judges partially granted the mining company's request for postponement, which defended the holding of the hearing only in 2025. BHP Billiton wanted more time to allow the manifestation of the OK in the process, among other reasons. The defense of those affected spoke out against the postponement.

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BHP Billiton and Vale are the shareholders of the mining company Samarko, responsible for the dam that failed in Mariana in 2015. In the episode, the tailings avalanche reached the Rio Doce basin, impacting dozens of municipalities in Minas Gerais and Espírito Santo. Nineteen people died.

In the action filed in the United Kingdom, Those affected maintain that there is not enough justice being done in Brazil. The Pogust Goodhead office represents thousands of people affected, as well as companies, municipalities and religious institutions. In March, 500 new authors joined the process. In this way, there are now 700 thousand people and entities represented. The defense of those affected states that the process costs around R$230 billion.

BHP Billiton's defense disputes the duplication of trials in both countries and claims to trust in the reparation of damages carried out by the Renova Foundation, under the supervision of Brazilian courts. The Renova Foundation was created in 2016 to manage all reparatory actions provided for in an agreement signed between the mining companies, the Union and the governments of Minas Gerais and Espírito Santo.

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postponement

Tom Goodhead, one of the partners at Pogust Goodhead, spoke out in a note following the new decision, scheduling the judgment on BHP's liability for October 2024. “BHP speaks of injustice without thinking about the real victims, who suffer from the catastrophic devastation of their families, homes and land, simply because BHP values ​​profit above people’s lives.” According to the law firm, maintaining the trial in 2024 is a victory for those affected. They informed that the deadline for those affected to send information ends on May 21st.

In turn, BHP considered the decision positive. “Such postponement is necessary to ensure that the parties have sufficient time to prepare and complete the numerous procedural steps necessary for the hearing.” According to the mining company, the British court agreed to discuss in the trial whether those affected who signed compensation agreements in Brazil would be entitled to compensation for damages in the United Kingdom. The mining company also says that the statute of limitations for the case will be debated. The hearings that will take place in October 2024 are expected to last 11 weeks. 

(With Brazil Agency)

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