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Published on February 14, 2008

Environmental lawyers yesterday held an emergency brainstorming session to seek ways to revamp legal processes regarding environmental damages lawsuits after the Supreme Adminis-trative Court ruled in favour of the Office of Atomic Energy (OAE) in a case filed by 12 victims of cobalt 60 radiation poisoning.

The verdict read by Judge Wichai Cheunchomphunutch, followed a similar ruling made by the Central Administrative Court in 2004 that said the OAE was not responsible for future health problems of the plaintiffs.

The 12 were exposed to cobalt 60 radiation in Samut Prakarn in February 2000 when a canister containing the radioactive substance was accidentally opened at a junkyard, creating what was then called "the worst nuclear accident in Thailand".

Initially 35 people reportedly became ill after being exposed, including the man who wrenched open the canister, not knowing it stored cobalt 60 that was used in radiation machines for treating cancer patients.

OAE, formerly known as OAEP (Office for Atomic Energy for Peace) is the sole importer of the substance. It came under fire for not knowing where the cobalt 60 items were located, stored or discarded after they were brought in.

In many cases, the items were stolen and sold to a junkyard.

The court said OAE was not responsible for setting up a health fund to care for the victims over the long term.

Surachai Trong-ngam, of the Environmental Law Centre (Enlaw), said the verdict showed the legal process in the Kingdom cannot cope with the complexities of environmental cases where damages do run over a long period.

"Many environmental problems require considerations about compensation for the victims whose suffering continues years after exposure to radiation," he said.

Initially, in September 2002, the Central Administra-tive Court ruled that the OAE was guilty of neglecting its duty and responsibility for controlling the use and storage of cobalt 60.

The Court ordered the OAE to compensated 12 victims to the tune of Bt6 million.

The Central Administrative Court reserved the right to alter its decision in the future while monitoring the victims for future damages.

But in 2004, it said the OAE did not have responsibility to shoulder the burden of such damages.

Surachai, who is also a member of the Lawyers Council of Thailand, yesterday discussed with environmental lawyers loopholes in the legal system.

Besides the administrative case against the OAE, all victims of cobalt radiation incident also filed a civil suit against Kamol Sukosol Co, the owner of the canister containing the highly radioactive substance.

The case is now with the Appeal Court.

Pennapa Hongthong

The Nation