The court dismissed the case yesterday against Khao Luang Tambon Administrative Organisation (TAO) executive Samai Phakmi, who was accused of failing to seek permission for the firm to extend its use of forestland.

Theeraphan Thankiri, a lawyer for the tambon chief, said the court ruled that mine operator Thung Kham Co could not prove Samai had acknowledged the company’s petition to Khao Luang TAO seeking an extension for the use of forestland and intentionally caused damage to the firm.

“Due to the weak evidence against Samai, the case was dismissed. However, the company can appeal to the Appeals Court within one month’s time,” Theeraphan said.

He said the legal conflict stems from Thung Kham Co’s gold mine concession in Phusum Pabon Forest in Wang Saphung district and the firm’s required permission from local authorities.

Samai did not raise the issue for consideration at a TAO meeting in December 2012 so the company’s permission to mine in the forest expired and the gold mine is now barred from operating.

Theeraphan said the gold mine operator sued Samai for wrongly neglecting to perform his duties.

Samai said the problem arose because the company did not submit its petition to him properly when he was just sworn in to TAO office in 2012.

He added that there are other cases in which Thung Kham has sued him for “not performing his duties”, including a similar claim for being unable to arrange a meeting to decide whether the local administrative body would extend permission for the company to use the land.

He said the meeting could not be concluded because there was a conflict among members of Khao Luang TAO who supported and opposed the gold mine, which forced the meeting to end.

“As of now, there is still no official decision on an extension of the firm using [local] forestland, because the last meeting in May ended in chaos. The next meeting is scheduled for September 1,” he said.

Theeraphan said the “Khon Rak Ban Kerd” group that opposes the mine still faces at least six lawsuits from the gold mine firm.