Richard Ness : Trial Log : Court Hearing #6 On 14 October 20005

Court Hearing #6 On 14 October 20005 - 14 Oct 2005
by Eric


1. Witness Ahyani Lombonaung.

• Witness stated that apart from suffering headache, cramp, and had been paralyzed since 1999, her illness got worse and it expanded into what called as hematuria. The doctors who examined her have different diagnosis. Some doctors told her that it was a kidney stone and others said that it was a tumor.
• Witness’ child suffered from the same disease.
• Witness was referred to Malalayang Hospital, the diagnosis of the hospital’s doctor was that the witness suffered from sore stomach.
• Before being brought to Jakarta, witness was firstly examined at Newmont medical clinic, and then on 2004 witness went to Pancaran Kasih Hospital to have treatment for one week. Then, Pak Didi, Dr. Jane Pangemanan and, whom the witness referred to as “the Savior God”, [Arianti Baramuli] brought witness to Cikini Hospital in Jakarta.
• Witness acknowledged the installation of waste disposal pipes to Buyat Bay and these pipes passed the village of Buyat Pantai.
• Witness stated that Newmont has socialized the tailings disposal to Buyat Bay. David Sompie from Newmont was the person who socialized it.
• Witness stated that she ate vegetables and meat. This was in contradiction to her statement in the Police dossier/BAP No.12.
• Witness said that she went to the sea everyday with her husband, and there was no specific season for catching fish except for ikan layar (Sailfish). Some of the fish catch were sold.

The response from the Accused I and Accused II:

• The Accused did not see any direct connection between tailings with the disease suffered by witness.

2. Witness Masna Stirman.

• Witness knew that PT NMR began to dispose tailings in 1996.
• Half of the fish catch was sold to the market at Kampung Buyat.
• Witness consumed fish and vegetables for daily basis. These vegetables were bought in the market at Kampung Buyat.
• [The witness stated that] she obtained clean water by digging a pond in the Buyat riverbank.
• Witness knew the point of time when Newmont carried out the installation of the tailings disposal pipes.
• Witness admitted that before Newmont came, the fish catch has decreased little by little.
• Baby Andini was the witness’ daughter who died in July 2004. Dr. Sandra Rotty, Dr. Winsy Waraouw and Dr. Feny (or Pedi) examined baby Andini (when she was still alive). Baby Andini died at the age of 5 months because her skin was scaly and blackish.
• Witness said that she was examined in RSCM and MMC, the results of her blood examination indicated the existence of mercury and arsenic. The cost/expense to obtain a treatment in Jakarta was provided by NGO (Dr. Jane and Pak Deni).
• Witness was told that Andini should not take the medicine given by the doctor, because she could get poisoned. The doctor who advised her on that matter was Dr. Beny or Dr. Deny (inaudible).
• Baby Andini’s body was not autopsied.
• Witness never eats fish again since she came home from Jakarta.
• Witness said that she began to feel sick since 2000 and she has not obtained her diagnosis until now.
• Witness had family' relationship with another Witness Juhria Ratunbahe; she is a relatives to Juhria Ratunbahe (step sister).

The response of the Accused I and II:

• The Accused did not see any direct relation between the tailings with the disease suffered by witness.

3. Witness Marjan Ismail.

• Witness said that he was born and grew up in Basahan, and he moved to Buyat Pantai in 1990.
• Witness suffered dizziness, cramp and headaches. Witness felt this illness after he moved to Buyat Pantai. The witness’ wife (Jane Rorong) also suffered from the same disease and she was brought to Jakarta. After the doctor in Jakarta injected her, she immediately felt healthy. Witness did not go to Jakarta. Witness did not know the place where his wife was examined and did not know the cause of his wife's disease.
• Witness was a nener catcher, not a fisherman.
• Witness said that PTNMR disposed waste to Buyat River. Witness saw the waste was accommodated in a pond that was fortified by brown coloured waste.

The response of the Accused I and II:

• The Accused did not see any direct relation between the tailings with the disease suffered by witness

Miscellaneous:
The Chairman of the Panel of Judges stated that during his visit to Buyat [the place of the alleged crime], he did not see any waste dispose to the river.