Former Banks Island Mining executive to receive sentencing in September

A court case that began in 2018 and saw a retrial in 2022 came to a close earlier this month in the Prince Rupert Courtroom of Judge David Patterson. 

The lengthy judicial process one which saw the two defendants Chief Geologist Dirk Meckert and President and CEO Benjamin Mossman receiving final judgement towards the 29 counts related to the operations of the Yellow Giant Mine site on  Banks Island south of Prince Rupert near the communities of Kitkatla and  Hartley Bay. 

The Transcript of the Trial released earlier this month, provides for the count by count overview of the events of February to July 2015, and the four categories of the offices alleged to have happened at the time, prior to the province shutting down the Mines operations. 

The Gitxaala Nation had previously expressed concerns over the operations of the Yellow Giant Mine prior to the Province stepping in.

The company filed for bankruptcy in January of 2016.

The four areas of note from the trial include:

1. Failing to report environmental spills and dumping (Counts 1, 17, 22 and 23). 

2. Discharging mine waste into the environment (Counts 16 and 29). 

3. Unauthorized works in and about a stream (Counts 25 through 28). 

4. Discharging substances above-permitted amounts (Counts 2 through 10 and 18 through 21).

The Transcript notes that the BC Prosecution service had either stayed or decided not to proceed on several counts from the original trial period.

The extensive review that comes from the findings from the transcripts highlights one key element of the trial. That area related to a crucial witness for the Prosecution, the testimony of the mine's Environmental Manager and Site Biologist providing for a number of problematic areas for the judge.

The trial concluded with Mr. Mecrket absolved of any guilt on all Counts, President and Chief Officer Mossman was found not guilty on a number of counts, but was found guilty on 13 of the counts he faced related to the discharge of effluent from the mine site.

Those counts can be reviewed from the full transcript document here. 

Sentencing is to take place sometime in September, Mossman could see hundreds of thousand dollars in fines or possible imprisonment.

Mr. Mossman is presently the CEO of Rise Gold Corp in California, that company has made application to reopen a long closed gold Mining in  Nevada County California. 

Some further background on the Yellow Giant Mine and the trial can be reviewed below:

Vancouver mining CEO convicted on environmental charges 

CEO of defunct northwest BC mining company found guilty oof environmental violations 

Former Banks Island Gold CEO who oversaw abandoned Yellow Giant Mine found guilty of 13 environmental violations

Rise Gold's CEO found guilty on 13 counts in British Columbia retrial

CEO of defunct Banks Island Gold guilty of environmental violations at British Columbia mine 

Cross posted from the North Coast Review.