"Court orders BHP CEO to hand over contract as new evidence reveals BHP’s true involvement in Mariana dam disaster", 18 April 2024

...One of the world’s largest mining companies, BHP, has today been ordered by the High Court in London to hand over its CEO’s employment contract at the time of the Mariana mining dam collapse in Brazil, alongside a trove of other documents which lawyers claim will prove the company’s liability for the disaster...

BHP claims that it was a mere shareholder in mine and dam operator Samarco in a joint venture with Brazilian mining giant Vale, with no role in the day-to-day operation of the mine and dam...

Shocking new evidence was also revealed for the first time in court today...The evidence includes a former BHP executive revealing the company’s close operational involvement in the mine and its awareness of the risks to the dam.

Marcus Randolph, former head of a BHP division who was on the board of Samarco, emailed the then BHP Chief Executive, Andrew Mackenzie the day after the disaster to say that BHP had requested an independent report into the safety of the mine, three or four years previously that was then presented to the board of Samarco...

It was also revealed that BHP’s much vaunted 1SAP risk management system included a specific risk code for the “Failure of Samarco Tailing Dam”, which would suggest it was aware of issues with the dam before it collapsed.  

The liability of both BHP and Vale will be decided upon through a trial starting October 7...