Police submit Buyat case file to prosecutors

After three months of investigation, the National Police submitted on Wednesday the case file on six PT Newmont Minahasa Raya executives who have been named suspects in the Buyat Bay pollution case to the North Sulawesi Prosecutor's Office, The Jakarta Post reported.

National Police chief of detectives Comr. Gen. Suyitno Landung Sudjono said the executives of the U.S.-based mining firm were being charged under Articles 41 to 46 of Law No. 23/1997 on environmental management for deliberately contaminating the bay.

The violation carries a maximum punishment of 10 years in prison and a Rp 1 billion (US$109,000) fine.

"They are being held responsible as individuals and a corporation for polluting the bay. Each employee has their own responsibility in regards waste disposal, while the top executive is accountable for company policies that allowed the pollution (to occur)," Suyitno said.

Five Newmont employees -- American Bill Long, Australian Phil Turner and Indonesians David Sompie, Jerry Kojansow and Putra Jayatri -- have in police custody for two weeks. Meanwhile, Newmont Minahasa president Richard B. Ness remains free due to a heart condition, but has been obliged to report to police twice a week, on Monday and Thursday.

The detention has sparked concern from the U.S. government, which has deemed the incarceration inappropriate.

Suyitno said the police would further discuss the status of the five detainees -- whether to keep them in detention, transfer their custody to prosecutors or release them.

The police's forensic laboratory found that heavy metal levels in Buyat Bay, Minahasa, North Sulawesi, exceeded safety standards set by the Office of the State Minister of the Environment.

Newmont has repeatedly denied the allegations, saying at least three independent test concluded the bay was not polluted, showing a heavy metal content far below the government limit.

The government formed last month a joint team comprising officials from the national environment office, the Ministry of Health, and the police to take more samples from the bay. The team is expected to announce their findings next week.

Meanwhile, the National Minamata Institute of Japan recently concluded in its report to the World Health Organization (WHO) that health effects from mercury exposure was not observed among Buyat Bay villagers, and that the environment was not contaminated as indicated by the low mercury level in fish.

Tests on dozens of samples of villagers' hair revealed a mercury level of 3.72 micrograms/gram (?g/g) in Totok Bay, higher than that of Buyat Bay villagers, which reached 2.65 ?g/g, it said.

The mercury level in both bays, the institute said, tested far below the 50-125 ?g/g standard set by WHO. (*)