Richard Ness : Trial Log : Court Hearing #27 on 9 June 2006

Court Hearing #27 on 9 June 2006 - 09 Jun 2006
by Eric



Washington Tambunan

As defendants one and two, I accepts this witnesses testimony in its entirety:

This witness confirmed that Newmont obtained all required permits and approvals from the Government and the government. The Government made several inspections to the mine and evaluated environmental compliance throughout the mine life – and the government never issued a warning letter of non-compliance to PT NMR

In his capacity representing the Government as Head of Mining for the Province, he coordinated and integrated team which evaluated NMR tailings. The results of the study which including toxicity characteristics testing, concluded that PT NMR’s tailing are not classified as a hazardous waste.



Ngadja Ginting Soeka

As defendants one and two, I accepts this witnesses testimony in its entirety:

As a Mines Inspector as well as an expert witness appointed by the Government, this witness confirmed that PT NMR complied with all prevailing laws and regulations, and adopted "best mining practices".

This witness further confirmed that the Department of Energy and Natural Resources (among others) filed a formal "dissenting opinion" and disagreed with the conclusions contained in the 2004 Ministry of Environment "Technical Team Report" but concurs with the conclusions and findings in the WHO and CSIRO reports that community health in addition to the waters of Buyat Bay are within standards.

This witness also highlighted the fact that;

• • The company recommends and the Mines Department approves the appointment of the "Kepela Tetnik" for a mining operation.
• • It is the "Kepela Tetnik" who is responsible for and accountable directly to the Mines Inspectorate representing the Government for all Safety Health and Environmental issues at a mine site.

Otty Lalamentik

As defendants one and two, I accepts this witnesses testimony in its entirety:

This expert and factual witness confirmed that he has seen no change in function of Buyat Bay. That the coral reefs and fish populations have remained stable throughout base line studies, during mine operations, and still remain the same after mine closure.

This witness also confirmed that he has never observed tailings being transported to the upper waters of Buyat Bay, thus one can concluded that the tailings placement system performed as designed and approved.