PUBLISHED : 31 Dec 2023 at 16:46
The Department of Special Investigation has decided to indict Akara Resources Plc, a gold mining firm, and three other suspects in an encroachment case, Wirun Chanthananan, chief prosecutor in the special litigation office at the DSI’s Bureau of Special Case Management said on Sunday.
Mr Wirun said DSI investigators started investigating the alleged encroachment by the four suspects – Akara Resources Plc and three individuals, Pakorn Sukhum, Michael Patrick Monaghan and Cherdsak Atha-arun – in 2016. The investigation report was forwarded to prosecutors at the special litigation office in 2018 for further legal proceedings.
Mr Pakorn is chief executive officer, Mr Monaghan chief operation officer and Mr Cherdsak general manager for sustainability of Akara Resources Plc.
The four are charged with collaborating to occupy state land without a permit, violating Sections 9 and 108 of the Land Act and causing damage to land for public use in breach of Sections 83 and 360 of the Criminal Code; illegally occupying a forest area in violation of Sections 54, 55 and 72 of the Forest Act of 1941; and encroaching on highways in violation of the Highway Act and Criminal Code.
The alleged offences took place in areas adjoining Phichit and Phetchabun provinces.
Mr Wirun said the prosecutors reviewed the report and ordered additional investigations. The process was time-consuming as the two sides also submitted their petitions for consideration.
After concluding there was sufficient evidence to support the charges, the prosecutors decided to indict the suspects in the Criminal Court.
The DSI investigators issued a summons for three suspects in the case to report to the prosecutors on Jan 24 at 10am as the other suspect, Michael Patrick Monaghan, had escaped. After that they would be taken to the Criminal Court for indictment, Mr Wirun said.
As for the suspect who had fled, the DSI investigators had been instructed to seek a court warrant for his arrest. The statute of limitations in this case is 10 years,.
A DSI probe in August 2018 found a large gold mine operated by the firm might have encroached on parts of a forest and highways in tambon Khao Chet Luk in Phichit’s Thap Khlo district and tambon Thai Dong in Wang Pong district of Phetchabun.
The mining operations were suspended in 2016 by the now-dissolved National Council for Peace and Order following complaints from villagers that the mine had damaged the environment and harmed their health.