The Guyana Geology and Mines Commission (GGMC) cannot file any charges over the May 17th Pepper Creek, Konawaruk mine collapse, which claimed the lives of 10 men, until the injunction obtained by operator Imran Khan against the regulatory agency prior to the incident is discharged.
“Until the injunction is discharged, we cannot pursue anything,” Commissioner of the GGMC Rickford Vieira told Stabroek News on Thursday. He said given that 10 men died in the mine collapse, the GGMC thought that the police would have filed criminal charges as “that is outside our mandate.”
Earlier this week, Division ‘F’ Commander Courtney Ramsey told Stabroek News that the police are finalising their report on the Pepper Creek mining disaster for submission to the Director of Public Prosecutions. In late May, he had informed Stabroek News that the police will not be charging anyone and said if any charge is to be laid, it has to be done through the GGMC.
Vieira told Stabroek News on Thursday that the matter is with the GGMC’s legal department but noted that Khan had obtained an injunction against the agency prior to the incident and until it is discharged, the agency’s hands are tied. “We can’t do anything with the case pending against us,” he said. As to when the matter is expected to be completed, he said that this was in the hands of the court.
The GGMC head noted that the nature of the charges that the GGMC can file would relate to breaches of cease-work orders as well as other offences under the Mining Regulations.
However, he pointed out that the fines for these offences are not big and the agency had expected the police to initiate criminal proceedings against Khan for endangering the lives of the men as this was outside the GGMC’s mandate.
Michael Gardener, 26; Brian Brittlebank, 46, of Wismar; Linden and Raymond August of Dartmouth, Essequibo; Leland Jones and his nephew Jason Trotman; father and son Glen aka Frank and Vic Bernard; Trevon Philips and Esmond Martin all perished after the pit rapidly caved in from the top, covering the crew and their equipment. The collapse has seen the highest number of casualties in the mining sector in recent decades and raised numerous questions about safety in the industry and who should be facing criminal charges as a result.
The GGMC had said that a breach of standard safety practices led to the collapse of the mining pit and it was prevented from taking action against this illicit operation because of the injunction. According to the GGMC, the accident occurred due to the “collapsing of two sides of the mine pit.
The operator failed to adhere to standard safety practices when mining is progressing beyond 50 feet in depth. Further, the pit limits were too narrow to allow for safe operation utilising the current method of mining.”
Khan has denied unsafe mining practices at the site and said that he was disappointed that the GGMC was attempting to absolve itself of any responsibility. He said while the GGMC has stated that there were safety concerns at the mine, he was never informed of this by the commission. The GGMC has said that visits were made to the mine and attempts were made by the technical officers to advise/sanction the personnel at the site, but they were reminded of the injunction and therefore no further action could have been taken.
The Guyana Gold and Diamond Miners Association (GGDMA) has said that the mining cave-in was due to criminal negligence on the part of the operator. According to a report by the GGDMA, the mining face and pit walls were too high and too steep, almost vertical in places and the operation was too close to the face and walls. It noted too that the walls were some 90 to 100 feet with no stepping. With the rain and with water jetting from two dredges, the ground became very saturated and the soil unconsolidated. As a result, there was general slump failure. The cave-in happened quickly, burying 10 of the workers and the equipment.
