“The trunk is an extraordinarily diverse and durable organ that is multipurpose,” McNair explained. “An elephant doesn’t randomly lash around or swing around with its trunk. … It’s wholly unlikely that this was an accident.
Blanca Ojanguren García, 22, a law student at the University of Navarra, died last week.
But McNair said while it’s possible the elephant was unaware of its strength, it was more likely lashing out against the conditions it was kept in.
Through Save the Asian Elephants, McNair has advocated for legislation to stop abusive practices against animals, such as the Animals (Low-Welfare Activities Abroad) Act that passed in the British Parliament in 2023. This work also recently led to his being named a Legal Hero of the Year 2024 by the Law Society of England and Wales.
McNair, who also works as a corporate lawyer, also noted that the mistreatment of elephants begins before the animals step foot into sanctuaries.
“So why did it happen? Well, of course, because the elephant, which was like pretty much all elephants in captivity for commercial exploitation, was being kept in a completely unnatural state, in extreme stress.”
The animal rights advocate noted that while elephants are “wondrous and complex” herbivores, they will still respond aggressively when they are threatened.
No other visitors were injured, and Phang Somboon’s handler was later arrested for negligence, according to Thai authorities.
He emphasized that, though elephants are gentle and intelligent animals, their “calmness” does not mean they are tamed.
“Elephants are wild animals. … They are kept in captivity, having been brutalized into submission,” McNair explained. “But that doesn’t mean they’re tamed. It simply means that they’re terrified for spans of time.
“The vast majority of sanctuaries in Thailand, Sri Lanka, India, Vietnam, and Cambodia … are not ethical. They are brutal, and they do it all for money.”
It is still unknown why the elephant struck García, or how the sanctuary’s handlers treated the creature before the killing.
Some sanctuaries do treat elephants ethically, McNair said, and he advised that tourists do research before booking their trips for both their own safety and the safety of the elephants.
“We want to try to steer the market of animal tourism from brutal to ethical,” McNair explained. “That’s the real intention, not to close down travel companies, nothing like that. It’s to help the animals and to help people who want to make money out of animal tourism. … That’s fine, but be ethical about it.”
Around 18 people were at the sanctuary at the time, including the victim’s boyfriend, the company told Spanish newspaper El Mundo.
