Richard Ness : Trial Log : Court Hearing #7 on 21 October 2005


Court Hearing #7 on 21 October 2005 - 21 Oct 2005
by Eric

Witness Mansur Lombonaung
1. Witness Mansur Lombonaung

  • The witness moved to Buyat Pantai on 1982 (He was originally came from Bitung).
  • The witness participated in the installation of [the tailing] pipe in 1995. According to the Witness, the pipe was positioned in direction to the land
  • Witness stated that after PTNMR disposed its waste, many fish died (on year 1996, 1997, 1998) and the residents begun to suffer from itchiness (since 1998), paralyzed, headache, cramps. The witness [however] did not suffer from itchiness. The witness livelihood had decreased.
  • Witness stated that many doctor examined the Buyat residents, among others the doctors from WALHI.
  • Witness stated that the doctors did not mention the cause of the itchiness.
  • According to the Witness, the Independent Team had stated that Buyat Bay was polluted and the residents must be removed, but the Government did not provide any facilities to move. NGO was the one [who removed the residents to Duminanga]. There was a discussion with KKTE (Komisi Kemanusiaan Teluk Buyat / The Humanity Commission of Buyat Bay), which promised that it would build the housing. However, until today, it had not been realized.
  • Witness had been examined at the Puskesmas by Dr. Sandra Rotty. However his disease (cramps) appeared again. Witness did not have any complaints of lumps.
  • On 2000, Witness visited Jakarta for seminar. On that visit, Witness met with an USA citizen named Kevin Dixon. He met Kevin Dixon at a seminar held in JATAM. Kevin Dixon was among the people the Witness identified on Anwar Stirman’s photograph in United States of America. [note: this photograph was shown to the Witness for identification].
  • Witness admitted that during his life in Buyat, he eats fish everyday.
  • Witness explained that the fish catch in Buyat Bay were mostly sold to Ratatotok and Buyat Bay.
  • Witness stated that since 2000 he stopped fishing and changed his profession to gardening. In Dominanga, Witness continued to not fish.
  • Witness stated that Yahya Lombonaung and Ahyani Lombonaung are his children, Surtini Paputungan is his sister in law, Nurbaya Pateda is his niece and Djhura is his sister. All mentioned names were witness relevant to this case.
  • Witness denied his signature on the draft settlement [of civil case submitted by the LBH Kesehatan].


The response of Accused I and Accused II:

  • The Accused rejected [the statement] that the pipe was installed pointing in the direction to the land.
  • The Accused rejected Witness statement with regard to the decreasing of fish catch, because the Witness stated the time of such decrease was a year before PTNMR begun its operation.
  • There was no connection between the decreased fish with tailings disposal [see related photo from Manado Post 11 August 1995].


Witness Surtini Paputungan
2. Witness Surtini Paputungan

  • Witness was born in Buyat Pantai.
  • Witness acknowledged the start of mine waste disposal was in 1996, after which many dead fish [were found] and health complaints from the community increased.
  • As far as Witness knowledge, there was no research on whether the Buyat river is suitable for [daily] use or not.
  • Witness stated that she had paralyzed (in 1998) and there were no doctors determining the cause of her paralyze. The Witness, her husband and her child did not suffer from itchiness. Witness consumes medicine [until now]. The doctors from Mercy provide the medicine.
  • Witness continues to eat fish until now. The rest of the fish are sold to Buyat and Ratatotok market.
  • On 2001, Dr. Ketut Kenala of PTNMR examined Witness and her blood, hair and nail samples were taken. However, until now, Witness did not know the result.
  • Witness stated from the sample taken, Witness aware of arsenic and mercury in her body.
  • On 2001, Solidaritas Perempuan took the Witness to Jakarta. Witness was examined at Cikini Hospital and St. Carolus Hospital. Dr. Jane Pangemanan accompanied the Witness.
  • On 2004, Dr. Sandra Rotty took her son Aldo Dolongseda to Manado [for health examination]. Dr. Sandra stated that there was a salt stone in Aldo’s urine tube.
  • Witness heard from doctors from Mercy that the residents of Ratatotok village also suffered from the same disease with Buyat residents.


The responses from Accused I and Accused II:

  • The Accused was in the opinion that with regard to the disease [suffered by Witness]. It must be evaluated by a competent to a doctor.
  • The Accused did not see any relevancy between tailings disposal with the health problem suffered by the Witness.


Witness Nurbaya Pateda
3. Witness Nurbaya Pateda

  • [Witness] moved to Buyat on 1978.
  • The Witness seems to have an extensive knowledge on mines process. The Witness stated that on 1995 PTNMR begun its exploration, the production begun on 1996 and also the tailings disposal.
  • Many doctors had examined the residents but there had not been any conclusion with regard to the cause of the disease in Pantai Buyat.
  • The Witness stated that he suffered from headache and sore stomach but she did not suffer from itchiness. Doctors have different diagnosis on Witness’ disease. Other than that, a doctor assigned by Ariyanti Baramuli had examined the Witness, however the doctor did not inform the Witness what she may have had the disease.
  • Mabes Polri took witness’ blood as sample.
  • Witness sold some of her fish catch, particularly the fish with lumps to people in the village.
  • Witness’s cousin (Yahya Lombonaung) and younger sibling often gave fish with lumps caught to the Witness. The liquid inside the fish with lumps was removed with a syringe that she obtained from Posyandu. The Witness did this removal this since 2001 to 2005.


The responses from Accused I and Accused II:

  • There was no single doctor gave any explanation about the Witness’ disease.
  • The Accused did not see any relation between the Witness’ diseases with the mine company’s activities.


Witness Juhra Lombanaung
4. Witness Juhra Lombanaung

  • [Witness] moved to Buyat Pantai on 1972.
  • Witness knew that PTNMR started to dispose its waste on 1996, 3 years after which the residents felt itchiness.
  • Witness had her disease examined at the Puskesmas. The Witness was hospitalized once at Bethesda [hospital]. Witness had suffered from sore bones until paralyzed. The diagnosis from a doctor stated that Witness suffered an infection. Witness also suffered from a lump in her head.
  • Witness was examined once in Cikini Hospital, but the disease could not be diagnosed.
  • Witness’s disease was often seasonal.
  • After PTNMR begun to dispose its waste, Witness’ husband had trouble in fishing.
  • Witness continued consuming fish, but only consuming layang fish (flying fish).
  • Witness stated that people of Ratatotok also suffered from the same disease with the people of Buyat Pantai.
  • Witness once formed a small company and became the sub-contractor of PTMR to build the Koramil office.


The responses from Accused I and Accused II:

  • The Accused did not see any relation between the Witness’ diseases with the mine company activities.
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