Date of publication: May 31, 2007
Source: Birmingham News
By Russell Hubbard
Lawyers for three slain Colombian coal miners who are suing Drummond Co. in Birmingham have asked for an extra 180 days to get ready for the wrongful death trial slated to start July 9.
The lawyers representing the families of the dead men, their labor union, and international labor rights organizations said in a court filing last week they have discovered a third last-minute witness who needs time to get ready before he can testify at the trial.
The new witness is Isnardo Gonzalez, a former bodyguard for a Drummond executive in Colombia. The filing said he will testify that he saw a Drummond executive visit with militia leaders who were hostile to labor unions, and witnessed payments to such groups.
Birmingham-based Drummond, which operates a vast coal mine in Colombia, was sued in U.S. District Court in Birmingham in 2002 for the 2001 murders of the union activists there. The lawsuit doesn't say who committed the killings, only that Drummond commissioned them.
The company has denied any involvement with the hundreds of armed militias that patrol Colombian cities and rural areas and are an outgrowth of the country's long-running civil war. Some of the outlaw groups earn money collecting payments from companies in exchange for security services.
The filing by the union and family lawyers also said "unique political developments" in Colombia might yield more evidence, and time should be allowed for such results to happen. The filings cites a growing body of militia leaders who are openly discussing their relationships with foreign corporations
Drummond filed court papers Wednesday urging U.S. District Judge Karon Bowdre to reject the request for more time. The papers said recent political developments in Colombia are far from unique, and that Drummond never made any payments to armed groups.
"The plaintiffs have had ample time to develop new witnesses during the five years this case has been pending," Drummond's filing said.
Court-imposed deadlines for bringing new evidence have long since passed, but Bowdre has twice issued exemptions, allowing two other last-minute witnesses into the case in recent months.