While re-sampling has confirmed that Buyat Bay is clean, it has also confirmed who is really dirty. Yes I am talking about the Police results and the Technical Team’s report. The question now is what more is needed to complete the final rites for the Technical Team report’s official burial.

On 28-Jul-2006 the Judges approved the resampling of Buyat Bay by Australian Laboratory Services (ALS), an internationally accredited environmental laboratory in Indonesia. Next day ALS visited Buyat Bay and took samples from four locations that matched with the locations where the Police had sampled two years earlier. From each location three samples were collected from the surface, middle and bottom parts of the bay. The sampling procedure and the storage of samples were observed by reporters from several dailies.

On 11-August-2006, ALS presented the results to the court and explained the quality control procedures observed during the testing process. According to ALS all the 14 samples, including the two duplicates from Buyat Bay showed that dissolved mercury was not detected in these samples, and the average for dissolved arsenic was 1.33 ppb which is well below the national standard of 12 ppb. The range for dissolved arsenic was from 0.9-1.8 ppb, which is the same as the range observed during the mining operation and the post closure period.

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The Government of Indonesia should disown the Technical Team’s report on Buyat Bay because it has so many embarrassing mistakes that it risks jeopardizing the reputation of the national scientific community. The government should also investigate the Technical Team to identify the individuals who have deliberately misled the government and the public through misinformation.

Recently a bright Indonesian kid won the Physics Olympiad and he showed to the world the tremendous scientific and technical potential of the country. While a high school kid is a source of immense pride for the country, certain members of the Technical Team are only going to bring disgrace to the nation. Before this happens, the Government should quickly move to dismiss this report and conduct a thorough investigation to identify and punish the individuals who are responsible for damaging the reputation of the Government.

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I wanted to report to you some important developments in the case against my dad and PT NMR that is still ongoing in Indonesia. On 14 July 2006, Mr. Nabiel Makarim, former Minister of Environment, testified that all facts show that Buyat Bay is clean with no evidence of pollution as alleged in the case. He further stated that individuals who claim that there is pollution can not support their statements by any scientific facts.

Two legal experts also testified that the case against my dad and Newmont have not followed the rule of law. Further the Judges ordered the prosecution to resample the waters of Buyat Bay using two independent and certified laboratories in Indonesia. The goals of this resampling was to verify if Buyat Bay is clean or not. My dad welcomes this development and is very confident that this will be yet another set of samples that would further bolster the conclusions of more then a decade of such sampling done by Newmont and various studies by other national and international agencies. However, it appears that the possibility of yet another evidence that would establish Buyat Bay is clean has created a panic among the prosecution. Therefore, the prosecutors are now trying to resist the orders of the Judges to resample.

So the matter goes back to the question of wether or not my dad will receive fair justice in Indonesia. Only time will tell and I will keep you posted.

I wanted to welcome the newest addition to our family Tatum, who was born on June 29th. Both mother and baby are healthy and are doing well. I for one, am one extremely proud uncle.


Tatum and Grandpa Tom

The last two weeks hearings have further confirmed that the case against my Dad is a hoax. The hearings and cross-examination of expert witnesses have revealed that the data were manufactured to fit the pre-determined conclusions of a group of politically motivated regulators and NGOs. A witness also confirmed to the court that the regulator from the Ministry of Environment, Ms. Masneliyati Hilman has lied under oath when she denied to the court that she never saw the former Minster of Environment’s report on Buyat Bay. The possibility of perjury is currently under review.

While it would too lengthy to provide a detailed description of hearings, in this blog I would highlight the testimony by the expert witness Dr. Keith Bentley. Dr. Bentley in the past worked for the World Health Organization and his experience in the field of heavy metal toxicology spans multiple decades. The defense team confirmed the following facts to the court:

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After reading the information regarding the 2nd June 06 hearing in Manado, I believe this was a landmark event in the ongoing criminal case against my Father, but it is also a tragic day. So I write this blog with immense sadness, and my thoughts and prayers are with Baby Andini’s family.

Dr. Sandra Rotty, the head of the rural health clinic (PUSKESMAS) in Ratatotok testified that Baby Andini died because certain members of a local group, including Dr. Jane and Dr. Regnolda, stopped the baby from receiving proper medical care and the actions of this group of individuals contributed, if not directly caused, the unnecessary suffering and death of a baby. [ For those that are not totally familiar with this case, Baby Andini was being “used as a poster child” and being paraded around a child who’s dermatitis was caused by “pollution” of Buyat Bay.]

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I've also posted a new editorial about Lowell Bergman.

read the editorial

Well looks like Jonathon Burns has written another great article.

Conveniently absent from any of Perlez’ articles are mention of any of a litany of well-respected scientific groups which have conducted studies of the Bay. The Minamata Institute of Japan (the world’s leading authority on mercury poisoning), The World Health Organization (WHO), and numerous other groups have all cleared Newmont of any wrongdoing. Interestingly, the WHO report said the mercury and heavy metal levels of the Bay and nearby estuaries were normal... and better than many places in the U.S.

Please read the full article.

Also ex Chairman of the Indonesian Mining Association Beni Wahju submitted this article that was published in the Petrominer June 15, 2005