Police say case against Newmont to go ahead despite ruling

Monday, December 27 2004 - 12:40 AM WIB

The National police said a pollution case against US mining giant Newmont would go ahead despite a court ruling which declared their investigation illegal.

A Jakarta court said police had trespassed on a civilian matter when they opened their probe into claims that Newmont dumped toxic waste that caused fatal illness among residents near one of its mines in Sulawesi island.

"The case still stands and the dossiers have been declared complete by prosecutors," national police chief General Da'i Bachtiar was quoted by the state news agency Antara as saying on Saturday.

Prosecutors in North Sulawesi, where the mine is located, also said the case would proceed regardless, according to Antara.

Prosecutors have been preparing charges against Newmont and five of its executives. Environment Minister Rachmat Witoelar said this month their trial could start in January next year.

Meanwhile, a coalition of environmental groups urged the Supreme Court to review the court ruling to ensure Newmont faces charges.

The police probe was launched following claims that the world's largest gold producer pumped toxic waste into the air and sea around Newmont. The five employees were detained for more than a month but were released in November.

Richard Ness, the president of the Denver-based company's local unit Newmont Minahasa Raya, was arrested but not kept in custody due to poor health.

Witoelar has said the government is determined to pursue the case despite warnings the trial could scare away foreign investors at a time when Indonesia is trying to attract overseas cash.

Buyat Bay villagers reported to police in August that the mine had caused neurological disorders and severe skin problems. But studies of waters near the mine, which ceased operations in August, have shown conflicting results.

A World Health Organisation-backed report found no evidence of pollution but government tests have shown high levels of toxins.

Newmont officials have rejected claims that they had endangered the health of employees and residents by releasing 33 tons of mercury at Buyat. They insisted levels of the toxic metal met Indonesian and US safety standards. (*)

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