Richard Ness : Trial Log : Court Hearing #8 On 18 November 2005


Court Hearing #8 On 18 November 2005 - 18 Nov 2005
by Eric

Witness Ricky Telleng
1. Witness Ricky Telleng

  • Witness had carried out a research with regard to the fish catch in Buyat Bay on 2004 until now. The research was sponsored by PTNMR.
  • The research result from Witness showed that there were many fish in Buyat Bay. The Witness recorded around 72 species found in Buyat Bay. The fish are the type of fish that lives at the surface and at the seabed. The fish catch are [found] within the distance of 1 mile from the seashore.
  • Witness once saw a fish with lump, which according to rumour was caught by Yahya Lombonaung. According to the Witness the lump probably occurred because the reef scraped the fish and the skin got infected. Witness once saw the same type of fish with lumps in Maluku.
  • Witness witnessed the taking fish sample, the person who caught the fish was Yahya Lombonaung. The method used to take fish sample was Yahya using a diving mask observe fish from the boat and if he sees a fish, he will put his head into the water to see the fish and then use a fishing rod to take the targeted fish. The fish were brought to the police station.
  • According to Witness, the definition of a fisherman is a person who had 69% of his activity for fishing/went to the sea. [With this definition] Witness only acknowledged 3 people as fisherman in Buyat Bay. Witness knew that there were also many fishermen from Ratatotok Timur went fishing in Buyat Bay.


The response of Accused I and Accused II:

  • The Accused accepted the testimonial of Witness that both the amount and the species of the fish in Buyat Bay were still abundant.
  • The Accused accepted the testimonial of Witness that the seawater in Buyat Bay is still clear. This was proven because Yahya Lombonaung could see the fish swimming 7 meters below the surface of the sea to target the fish for sample.


Witness Steven Kaunang
2. Witness Steven Kaunang

  • Witness accompanied 4 divers to take sediment and seawater sample. The four divers were 2 from NDC and the other two from UNSRAT (including Lalamentik). The Witness dove with five other divers. The Witness stated that an octopus was caught and made as a sample.
  • Witness dove in the daylight until the depth of 45 meter and in a distance of 400 meter from the seashore. Witness did not remember the coordinate of diving place. The Witness dove twice.
  • Witness stated there were four plastic bags taken from the depth of 30, 20, 10 m.
  • Witness stated that in the boat there were Polri officer (The Republic Indonesia’s Police) and reporter.
  • Witness confirmed that it was Rignolda who took control of the sample.
  • Witness stated that in the depth of 40 meter, the seawater was turbid. [According to witness] The turbidity occurred because the diving was carried out near the mouth of Buyat River.
  • Witness knew that the samples are split (divided) for the police and PTNMR.


The response of Accused I and Accused II:

  • The Accused stated his concern that the sample was not directly handed over to the Investigator (Police), but to Rignolda.
  • The Accused was questioning the method of taking the sample carried out by the Investigator (Police) stating the samples were not based on standard procedures and the chain of custody was broken when samples were given to Regnolda and not to the police.


Witness Sul Manopo
3. Witness Sul Manopo

  • [Witness] Moved from Tambatu to Buyat in 1994. [Witness] moved to Dominanga on the 26 June 2005.
  • Witness stated that since Newmont started to disposed the waste, her income had decreased and [she] suffered from itchiness, cramps in the left leg.
  • Witness had gone to the doctor in Buyat Pantai [for health examination]; however the doctors could not provide any diagnosis of the cause of Witness’ disease. However, Witness’ disease was healed when she took medicine.
  • Witness’s husband suffered from lump at his mouth.
  • Mabes Polri took hair and nail sample of Witness.


The response of Accused I and Accused II:

  • Accused stated that the disease suffered by Witness had no relation to PTNMR or the disposed tailings.


Witness Herson Bawole
4. Witness Herson Bawole

  • [Witness] moved to Buyat Pantai from Bitung in 1971. [Witness] Currently lives in Dominanga.
  • Witness was a fisherman. Witness stated since Newmont disposed the waste, his income had decreased and Witness suffered from itchiness and lumps. Both Witness children were ill too (they are now ages 20 and 15).
  • Witness went to Dr. Sandra for [health] examination and Dr. Sandra did not inform the cause of the disease. Dr. Sandra gave medicine [to Witness].
  • Witness ate part of the fish catch and sold the remaining fish catch to Buyat Village.


The response of Accused I and Accused II:

  • The Accused stated that the disease suffered by Witness had no relation to PTNMR or the disposed tailings.


Witness Yahya Lombonaung
5. Witness Yahya Lombonaung

  • On August, Mabes Polri requested Witness to take fish sample.
  • The fish were taken on daylight. The fish caught were goropa merah fish and goropa hitam fish (read grouper fish and black grouper fish).
  • Witness was able to see the fish clearly from the above surface water. Witness confirmed that the seawater was clear. Witness took the fish at the edge of reef.
  • The fish was handed over to the Mabes Polri officer in the sea.
  • Witness confirmed the pictures [which was presented in the court room by the Legal Defence Team] as the photo taken when Witness took the fish.[ see power point file]
  • Witness was the son of Mansyur Lombonaung.


The response of Accused I and Accused II:

  • Accused accepted the statement of Witness that he took sample for the police.


Witness Yogie Chrisswasono
6. Witness Yogie Chrisswasono

  • Witness dove to take sediment sample. The taking of sediment sample was carried out at the depth of 45 meter, 30 meter, 20 meter and 10 meter.
  • Witness took the sediment with plastic bag. The method of taking the sample was by putting the hand inside the plastic bag (The plastic bag was in the reversed position. The sediment would be grab with the divers hand covered by the plastic and then the divers would reverse the plastic into normal position) and then sealed it.
  • Witness stated the samples were handed over to Mabes Polri officer. However, after the Legal Defense team showed series of pictures (taken during the taking of sample see power point presentation), Witness admitted that the samples were handed over to Rignolda, who at that point of time was onboard. Witness stated that he was requested by Rignolda (as a personal) to take sample. Other than, [according to Witness], Rignolda did not explain further with regard to the taking of sample.
  • Witness did not know the coordinate of the place of taking sample. Witness was only told to swim in to the place directed by Rignolda.
  • Witness sated that the statements on Number 5 and 7 of the police dossier/BAP were not his statements.
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