Marinduque gov’t amending suit vs Placer Dome

First posted 02:27am (Mla time) July 06, 2006
By Christine A. Gaylican
Inquirer

http://news.inq7.net/archive_article/index.php?ver=1&index=1&story_id=8365

THE provincial government of Marinduque, south of Manila, is amending a $100-million class suit it has filed against Canada-based mining firm Placer Dome Inc. with a US court to exclude affected residents from getting compensation, documents show.

In a copy of a fax from the Dallas-based law firm Diamond McCarthy LLP, which represents the Marinduque province, all remediation fees to be derived from winning the litigation would go to the provincial government.

“The province does not seek to recover damages for individual injuries sustained by its citizens either to their persons or their property,” paragraph 6, lines 13 to 14 on page 3 of the draft amended complaint says.

The revision is contained in the third amended complaint, which lawyer David Ammons indicated in the fax addressed to Marinduque Governor Carmencita Reyes on June 27, 2006, seeking Reyes’ approval of the draft.

The amended complaint is to be filed this Thursday in Nevada, according to the document.
The amended complaint will also include Barrick Gold Corp. as a party to the case because Placer Dome has sold all its mining rights to this company.

The Inquirer tried to reach Reyes for comment but was told she was in a meeting.
Marinduque provincial board members Melencio Go, Alfon Rey, Allan H. Nepomuceno and Nancy Induralde have sent a letter to Reyes stating their objection to the amendments.
“The individual injuries sustained by our citizens should be pursued at all cost,” Go said in the letter. “With regard to the inclusion of Barrick, an early dismissal being a non-party to the case may be a possible result.”

Placer Dome is former parent company of the defunct Marcopper Mining Corp., which had spilled mine tailings into the sea.

It is trying to have the $100-million class suit filed by the Marinduque government transferred from the Nevada court to a US federal court.

With INQ7.net