Richard Ness : Editorial & Opinions : Indonesian Judge in Newmont Trial Orders Retesting Water Sample

Indonesian Judge in Newmont Trial Orders Retesting Water Sample - 14 Jul 2006
by Claire Leow

July 14 (Bloomberg) -- An Indonesian judge presiding over a trial involving a unit of Newmont Mining Corp. ordered retesting water samples from the bay allegedly polluted by the world's second-biggest gold miner.

Two laboratories will conduct the tests July 28, Presiding Judge Ridwan Damanik said today in Manado, the capital of North Sulawesi province. The order came after Nabiel Makarim, former environment minister, testified under oath today that PT Newmont Minahasa Raya, the Indonesian unit, didn't pollute the Buyat Bay.

The 11-month-old trial connected to Newmont's now-defunct mine in Indonesia centers on interpretations of pollution tests.Villagers complained of health problems to the police in July2004 after eating fish from the bay close to the mine. Newmont denies any wrongdoing, saying waste-disposal processes were in line with legal limits.

``We have never had any problems with anybody re-sampling''the water, Richard Ness, president-director of the Indonesian unit, said by telephone. ``We're very confident and comfortablewith it, now or for years of monitoring.''

PT Analitika Lingkungan Sejahtra Indonesia, an independent laboratory, and Sarana Pengendalian Dampak Lingkungan, which reports to the environment ministry, will conduct the tests. If results differ, a third laboratory will be named, Damanik, who heads a panel of five judges, said.

Sulawesi Mine

State prosecutors led by Robert Ilat filed criminal charges against Newmont and Richard Ness Aug. 5, 2005. Newmont's lawyers have argued the charges have no basis in Indonesian law. Nessfaces a 10-year prison term if convicted.

Makarim was the environment minister when his ministry said in an Oct. 14, 2004 report that the water and the fish from the bay didn't show signs of contamination. The government changed six days later and Rachmat Witoelar succeeded Makarim.

Newmont closed the Sulawesi mine in August 2004 after the deposits were depleted. It employs 7,000 workers and contractors at another site in Indonesia, a $2 billion copper and gold mine in Batu Hijau in West Sumbawa province, where workers excavate reserves estimated to last until 2033.

The case is the Ministry of Environment versus PT Newmont Minahasa Raya and Richard Ness, number 284/PID.B/2005/PN.MDO, in the Manado district court of North Sulawesi.