Release: PTNMR and President Director to vigorously defend criminal charges

Manado, 05 August 2005 ? Today, the indictment of pollution [in Buyat Bay] charges against PT Newmont Minahasa Raya (PTNMR) and the President Director was read at Multipurpose Hall of the Manado Mayor Office.

Rick Ness told the panel of judges that the indictment ?does not state what crime or wrongdoing I have committed, so I don?t know why I am sitting here in court?.

Representing PTNMR Rick Ness asserted that ?There is no pollution. This indictment is the first notification we received from the government about any alleged pollution since commencement of the operations until mining activities were ceased formally?.

Speaking outside the court after the first hearing in the trial PTNMR attorney Luhut M.P. Pangaribuan said, ?This criminal case should be the last resort. There is a process that should have been followed under Law 23, dealing with environmental management where the administrative sanction, alternative dispute resolution and civil lawsuit should first be exercised. The process-which is regulated by law-is not followed.?

?However, we are well prepared and will defend all allegations in court and show that no unlawful acts were committed by either the company or Rick Ness.

In another development PTNMR and Rick Ness today said that they will lodge an exception in the next session due to [among others] unclear and inaccurate data on Rick Ness regarding the date of birth, position and address. The State Prosecutor?s indictment letter in general is even unclear and inaccurate. Therefore, it should be void for the sake of law and not be accepted

Newmont Vice President Robert Gallagher said today: ?There has been no pollution, and therefore there is no crime committed.?

?There is overwhelming evidence from the Indonesian scientific community, from respected international organizations, and even from the government itself, that no pollution exists. The scientific evidence shows beyond any doubt that our operations have not damaged human health and that the water is fine and the fish are safe to consume,? Bob Gallagher said.

?This case started 12 months ago with outrageous allegations PTNMR?s operations caused Minamata disease. This has been proven wrong. It?s a tragedy local people have been frightened and their livelihoods threatened. It?s a tragedy our employees have suffered and Rick and his family have to go through another year of suffering when all the evidence shows there is no basis for the case.? (end of release)