Tara Kearsey
Northern News Services

Yellowknife (May 08/01) - BHP Billiton was back in court Monday to answer to four charges of violating the federal Fisheries Act at the Ekati diamond mine.

Charges were laid against the company in June 2000 for damaging the fish habitat in Kodiak Lake and two other lakes near the Ekati mine.

Because of ongoing renovations at the Yellowknife courthouse the trial will temporarily be held inside a third floor boardroom of the Panda II centre.

Defence lawyer Ross Clark spent almost an hour expressing his concern over the Crown's failure to disclose documents produced by the Department of Fisheries and Oceans in Ottawa that are critical to BHP Billiton's defence.

Included in these documents are briefing notes on DFO's policies and BHP Billiton's application of those policies, as well as documents relating to DFO's authorization of the Ekati Diamond project.

Crown attorney John Cliffe apologized for not disclosing the documents to the defense and said he was "embarrassed" to admit he is unsure of where the documents are located.

Cliffe agreed to make an inquiry as to where the documents are located.

The charges against BHP Billiton are based on allegations that a silt diversion channel created during Ekati's construction deposited silt and sediment into Kodiak Lake and two other lakes in the area. The trial is expected to last another seven weeks.