Pol Lt Col Ekkasak Kwanwan, Senior Inspector (Investigation) at Karon Police Station, confirmed to The Phuket News that the case cannot proceed until the Office of Mineral Resources Region 4 provides an official statement explaining how construction at the Big Buddha Viewpoint may be part of the main cause.
“I want an expert from the Department of Mineral Resources Region 4 office to clearly explain how construction was a contributing factor, and in what way it could be considered negligence,” Pol Lt Col Ekkasak said.
“Even though the investigation report lists construction as a factor, without further clarification from the experts, it’s still weak to claim that construction was the direct cause. Based on current evidence, the main cause remains heavy rainfall and natural rock erosion,” he added.
The landslides occurred on protected forest land overseen by the Royal Forest Department (RFD). A report by the Department of Mineral Resources, which was commissioned to determine the cause, identified illegal construction at the Big Buddha Viewpoint as a “contributing factor”.
However, police are hesitant to pursue legal charges without further technical explanation.
Pol Lt Col Ekkasak maintained that he is still waiting for an expert explanation, with no further progress made in the investigation so far.
“Before questioning the Phra Phuttha Ming Mongkol Sattha 45 Foundation and its president, Suporn Wanichkul, we need a detailed statement from Phongsakorn Kangwan, Director of the Office of Mineral Resources Region 4, to confirm whether the construction can legally be considered negligence,” he said, repeating his explanation from a month ago.
Despite already having the Department of Mineral Resources’ findings, Pol Lt Col Ekkasak insists on additional confirmation to move the case forward.
However, Pol Lt Col Ekkasak gave no explanation as to why there has been no progress in the past month in having the Department of Mineral Resources repeating its explanation.
ONLY HOPE
Meanwhile, the Phuket Bar Association has expressed concern over the lack of progress. President Rungnapa Phutkaew said her team recently consulted with the Office of Mineral Resources Region 4, which affirmed that the landslide’s main causes were heavy rain, unstable soil and rock conditions and slope failure. Construction ranked fourth in the list of contributing factors.
She expressed frustration over the slow progress of the case.
“When they said the main cause was rain, I felt deeply disappointed,” she said.
“Their initial findings clearly pointed to construction as a factor, but now they’re saying it was mainly a natural disaster,” she said.
“As of now, the only viable legal avenue is a civil case to claim compensation for lost property,” Ms Rungnapa told The Phuket News.
“A criminal case is still far from achievable because the burden of proof remains weak,” she said.
Ms Rungnapa explained that she has urged victims to gather official documentation, such as engineering assessments, to verify the value of property lost in the disaster.
“Some victims just estimate their losses to be around B10 million, but that’s not enough. We need verifiable documents to support these claims,” she said.
“Without proper evidence, the case keeps getting weaker, despite the loss of 13 lives,” she stressed.
Ms Rungnapa confirmed a meeting with victims is scheduled for next week.
The association is seeking additional experts who can testify on how construction may have directly caused the landslide.
“In the beginning, we had strong hope, especially after both the Office of Mineral Resources Region 4 and the Phuket Forestry Department agreed with the findings,” she said.
“But now officials seem to be stepping back. They’re silent. We’re doing everything we can to find a professor or expert who can prove these findings to the police and if possible in the court. That is our only hope now,” she explained.
Despite officials stepping back, the Phuket Bar Association has pledged to continue fighting.