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    Lafayette prepares legal offensive against
    Rapu-Rapu saboteurs, hoax artists
     
    By Jonathan Mayuga
    Correspondent
     

    Lafayette Philippines is planning to file charges against saboteurs and hoax artists, as it is becoming increasingly clear according to the company, that the latest fishkill report is another hoax very similar to the one foisted on Sorsogon residents last year.

    “There was no fishkill in the immediate vicinity of our project and in other places along the coast going to the Poblacion area. Whoever is blaming us will have to explain why the sea right in front of us in barangay Pagcolbon and the other barangays nearby have no problems, while Poblacion, which is about 10 kilometers away, is having problems,” said lawyer Bayani Agabin, LPI spokesman.

    Agabin added: “Nobody can even show a picture of dead fish on the shorelines from the mine site to Poblacion. The pictures we got showed at most two kilos of small fish piled up neatly on the pavement. The barangays between Pagcolbon and Poblacion have certified that there was no fishkill in their areas.”

    The accusation against the project, he said, was “impossible” because, aside from the 10-km distance, it did not release any water before the supposedly fishkill, since it was not in operation for preventive maintenance.

    Also, its dam, which withstood supertyphoons Reming and Milenyo last year with plenty to spare, had enough space left for rain almost as deep as a four-story building, he added.

    Recent reports also indicated that the supposed fishkill was staged by some people who were against the project.  

    Agabin said the Filipino-led management that took over the Rapu-Rapu project roughly three months after it had its mine incidents in October 2005 has religiously followed all the rules and espoused responsible mining practices.

    “We cannot and will not allow a few misdirected persons to stampede the public into panic through baseless scare tactics and jeopardize the thousands of jobs we have created, including hundreds from Rapu-Rapu island itself. This is economic sabotage that will hurt the poor the most. We will definitely take action,” he said.

    However, the environment department said Lafayette is not yet off the hook after an official clarified that the cause and nature of the fishkill in Rapu-Rapu, Albay, last month is “still inconclusive.”

    “The DENR [Department of Environment and Natural Resources] cannot clear or hold anyone accountable for the fishkill at this point because there are still a number of laboratory tests to be conducted before any conclusion can be drawn,” said acting Environment Secretary Manuel Gerochi. Gerochi, speaking on behalf of Environment Secretary Lito Atienza, who is on an official mission in Beijing, China, to attend an international conference on sustainable use of natural resources, said the investigation on what could have caused the fishkill and other circumstances surrounding the incident is still ongoing.

    “As we have pointed out in our initial statement, the DENR cannot determine the possible cause of the fishkill, since the expertise and mandate is vested on other competent authorities, like the Bureau of Fisheries and Aquatic Resources [BFAR],” Gerochi said.

    He issued the statement after the fact-finding body tasked to look into the reported fishkill came with its initial report, virtually absolving Lafayette of responsibility.

    No less than Rapu-Rapu Mayor Dick Galicia absolved Lafayette of any responsibility by blaming the town’s vice mayor as responsible for allegedly faking the fishkill to blame and put the mining company in bad light.

    The DENR has already sought the BFAR’s assistance in conducting extensive laboratory analysis to determine the cause of the fishkill, Gerochi said, adding that the findings issued by the Bicol-based DENR technical personnel are “initial and preliminary.”

    Preliminary results of the probe undertaken by the regional technical personnel of the Environmental Management Bureau and the Mines and Geosciences Bureau showed that dead fishes were confined within the 50-meter radius of the Rapu-Rapu pier.

    The pier is 10 km away from the mine site of Lafayette Mining Corp.

    DENR Region 5 executive director Reynulfo Juan said, “There was no indication of massive fishkill within the shorelines of barangays Carogcog, Santa Barbara, Malobago, Pagcolbon  and Binowasan, as manifested in the certifications issued by five barangay captains in those areas and as per ocular inspection made by the DENR investigating team.”

    In virtually absolving Lafayette, Juan said in his report that there was no overflow or spill from the tailings pond of the mine sites or at the lower tailings storage facility (LTSF) during the heavy downpour in the last week of October.

    “The tailings pond freeboard was maintained at minus 10 meters and the impounding capacity of the LTSF was adequate to contain the rainfall volume of 65,000 cubic meters,” the DENR fact-finding body reported.

    The DENR team added that the quality of the marine waters between the location of the reported fishkill and the mine site, which is about 10 km apart, was found to be “within DENR standards for cyanide.”

    Further, the DENR team said the mill plant of the mining project has not been in operation since October 27 for maintenance.

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