Churchill seeks access to documents seized by RI

By Romel S. Gurky

UK-based mining firm Churchill Mining Plc said on Tuesday that it was seeking for access to documents and computers seized by the Indonesian police during a September 2014 raid at its Jakarta office.

Churchill said in a statement that the International Centre for Settlement of Investment Disputes (ICSID) had on December 22 issued Procedural Order No 14, in which the tribunal among other things noted Indonesia?s commitment that the company will be given the opportunity to review and take copies of any relevant documents that are not returned which the tribunal understands to extend to the seized computer equipment and hard drives.

The police raided Churchill?s office in Jakarta in September as part of investigation into alleged license document forgery. The raid and document inspection was made while, the ICSID tribunal was in progress in Singapore.

The company and its wholly owned subsidiary Planet Mining Pty Ltd filed a lawsuit with the tribunal against the Indonesian government following the revocation of the mining licenses of the East Kutai coal project in East Kalimantan, in which Churchill and Planet held a 75 percent interest.

On 30 September 2014, the Churchill announced that it had applied to the ICSID tribunal for provisional (protective) measures arising out of the September police raid.

On 22 December 2014, the tribunal issued Procedural Order 14 ("PO No. 14.") denying the company's application, as amended, for provisional measures.

But Churchill said in the Tuesday statement that whilst the tribunal has denied the company's application, it has:
? Ordered the Republic of Indonesia to request leave from the tribunal before filing any evidence obtained by way of the criminal investigation into the alleged forgery issue;
? Taken due note of the Republic of Indonesia's commitment that the Company will be given the opportunity to review and take copies of any relevant documents that are not returned which the Tribunal understands to extend to the seized computer equipment and hard drives;
? Reminded both Churchill and the Republic of Indonesia of their general duty arising from the principle of good faith not to take any action that may aggravate the dispute or affect the integrity of the arbitration; and
? Denied the Republic of Indonesia's requests for costs and reserved costs for a later decision or award.

"Whilst we accept the Tribunal's ruling that the company did not meet the threshold required for the provisional measures requested, we do note the Republic of Indonesia's commitment to return or provide full access to the documents and computer equipment seized in the police raid ('seized property") and we will accordingly file a request for immediate access to this seized property. It continues to be the Company's objective to have this case determined in the most expedient and efficient manner possible" said Churchill's Chairman David Quinlivan.

Editing by Reiner Simanjuntak