Court to rule on Panguna Mine landowners’ lawsuit progress

Bougainville landowners and affected communities surrounding the Panguna Mine site are expecting a ruling from the National Court that will determine the faith of their class action Lawsuit against Riot Tinto and Bougainville Copper Limited [BCL].

This follows from a three-day hearing on the objections filed by the defendants that concluded yesterday afternoon. Judge Thomas Anis has reserved his judgment on the matter.

The defendant's objections sought the national court to have the proceeding struck out summarily.

The class action proceedings initiated by Martin Miriori on behalf of over 4,000 landowners affected by the Panguna mine's operations are seeking damages in the millions of kina.

The court hearing on the arguments raised from both the plaintiff Martin Miriori and the defendants Rio Tinto and Bougainville Copper Limited [BCL], began on Monday and ended on Wednesday this week.

The defendants raised concerns about the legitimacy of the lawsuit, alleging that it involved only around 10% of the affected landowners and questioned the transparency of the litigation funding.

Central to their case was the role of Panguna Mine Action LLC, a company registered in Nevis and is financing the lawsuit in exchange for a potential share of any settlement between 20% and 40%.

Rio Tinto and BCL’s legal team argued that such arrangements could compromise the integrity of the case and suggest hidden motives, asserting that it is not a grassroots-driven action.

They also raised concerns that the percentage could increase from 40% to 50% if time frame for the proceeding extends beyond 2025.

The plaintiffs, represented by international and local legal teams, countered these claims, emphasizing that the class action lawsuit reflects decades of grievances over environmental contamination, cultural destruction, and loss of livelihoods.

They defended their funding arrangements, stating they are necessary to support the legal process, and reaffirmed that the case remains under community control.

Paramount Chief Martin Miriori, leading the legal effort on behalf of affected clans, emphasized that the pursuit of justice is about addressing harm done on the environment and the lively hood of the people and is not influenced by third-party interests.

As the court prepares a judgment on the defendant's applications, independent observers have noted that the case raises concerns about the role of litigation funders in international justice, especially when vulnerable communities are involved.

The national court’s ruling on the defendant's applications will determine if the case advances to a full trial of the substantive matter or not.