Nabiel revises stance on Buyat Bay case

Friday, September 3 2004 - 11:59 PM WIB

State Minister of the Environment Nabiel Makarim seemingly backtracked on Friday in regard to his office's stance on the Buyat Bay contamination case following findings against PT Newmont Minahasa Raya by a team of experts, The Jakarta Post reported on Saturday.

Based on the results of an investigation by a government-appointed team of scientists, which were announced by Nabiel himself on Aug. 31, the U.S.-based mining firm violated regulations in implementing its submarine tailing disposal (STD) system.

The Peer Review Team of 16 scientists from state and private universities was set up by Nabiel to examine existing studies on the Buyat contamination case.

But the minister insisted on Friday that the team's conclusions did not reflect his office's stance on the alleged pollution case in Buyat Bay, South Minahasa, North Sulawesi.

He said the government stood by last year's findings conducted by his office and the Technology Assessment and Application Agency (BPPT) that the bay was not contaminated above the normal limit of 1.0 micrograms per liter (ug/L).

"Up to now, the State Ministry of the Environment (KLH)'s position remains and we are sticking to the results of a study by the KLH and the BPPT between September and October 2003. Unless it is proven that the study was conducted incorrectly," said a press statement from Nabiel's office.

It stressed that the Peer Review team did not go to Buyat for a field investigation into the high-profile pollution allegations.

Earlier in the day, Newmont reiterated its denial that the company contaminated the bay, pointing out the fact that similar environmental complaints had emerged even before it began operations in Buyat in 1996.

"There had been complaints of diseases and pollution in 1995 similar to what we are hearing now. At that time, we were not even in operation yet," said Newmont's public relations manager Kasan Mulyono during a press conference.

The company also asserted that it had regularly submitted periodic reports to the government on their waste management system, and there had been no objections to the reports.

"There's no proof yet that the bay was contaminated until after the court makes a decision. We will comply with the legal process and believe that the court will reveal the real condition of the bay," said Kasan.

Newmont officially ceased production on Aug. 31, 2004, after operating for eight years in Buyat.

National Police investigators have accused the mining firm of contaminating the bay, citing the results of their own forensic laboratory tests.

On Thursday, the police named the company's manager of external relations, David Sompie, a suspect in the pollution case, and plan to question him on Monday.

Police said they may also declare other high-ranking Newmont managers as suspects.

The company has repeatedly questioned the police's laboratory test results, saying that those findings were inconsistent with others found by other institutions which all revealed that the mercury levels at the Buyat Bay were below the normal limit set by the government.

In a response, the police argued that their sampling and test method had been verified by scientists with various backgrounds and that their laboratory had met international standard.

National Police chief Gen. Da'i Bachtiar said on Friday PT Newmont would likely be charged with corporate crimes soon after his personnel could prove that the pollution resulted from the company's policy.

"We should begin by questioning its employees responsible for waste management," Da'i said.

Separately, immigration office spokesman Ade E. Dachlan told The Jakarta Post that the National Police headquarters had requested the office to slap a travel ban on David Sompie.

"The travel ban is effective as of today," he said on Friday. (*)

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