Press Release: Newmont Minahasa Raya: Judicial Review

Jakarta, July 20, 2005 ? Today, Richard B. Ness, President Director of PT Newmont Minahasa Raya (PT NMR) appeared in South Jakarta District Court today for a judicial review of the Supreme Court decision which overturned an earlier court decision that ruled jailing of the five for 32 days (22 September ? 23 Oktober 2004 ) was illegal.

The Supreme Court decision in March 2005 also overturned the South Jakarta District court ruling and allowed police to continue to investigate and present incomplete dossiers against the employees for alleged pollution.

The South Jakarta District ruling of 22 December 2004, declaring the police investigation illegal was final and unappealable under Supreme Court Law. Ignoring all aspects of law applicable, the police did appeal and it is regrettable that the Supreme Court accepted the police?s appeal.

Speaking outside the court today President Director of PT NMR, Rick Ness said:

?The police investigation didn?t follow the basic investigative procedures. Anyone charged with a crime has the right to have witnesses examined and evidence presented on his behalf. Written reports sent to both the police and the district attorney investigating alleged pollution.?

?There were numerous independent and expert scientific studies available to the police for compiling evidence. There were also many witnesses that could have been called about this important issue. None of them have been used in preparing the final indictment against PTNMR or me.?

Accompanying Rick Ness, the chief legal team Mr Luhut MP Pangaribuan, said: ?We have every confidence that the Judicial Review will show that the Supreme Court decision in March was incorrect in the eyes of the law because it was not an appropriate legal remedy to a ?final and binding? decision under Supreme Court Law.? (end of release)