If only Newmont

If only Newmont

With extraordinary swiftness the National Police are pursuing the
alleged pollution case in Buyat Bay, North Sulawesi. Unswayed by
initial dismissals from government officials about the reported
pollution, police have conducted their own investigation and
within weeks of the final results which -- reportedly -- confirm
the pollution, hastily declared five officials of Newmont
Minahasa Raya as suspects in the case.

Five company officials are being held in custody, with a sixth
-- company boss Richard Ness -- released for medical reasons.

Police thus far seem to have remained faithful to their
jurisdiction. Their actions have been conducted in accordance
with existing laws regulating the detention of suspects.

The expeditious response of police to this case should be
commended. That said, something remains amiss if we compare their
diligence in this case to other high-profile investigations.

If only police would pursue other cases with the same
persistence they have with Newmont, then many accused of graft
still on the loose would now be incarcerated.

If only detectives conducted investigations of crimes in the
capital with similar zeal as they have ascertaining evidence of a
case in a region more than 2,000 kilometers away, then there
would probably be no erosion of confidence in the force.

If only Newmont, then there is something definitely wrong with
the police force entrusted to oversee our civil society.

The development of the pollution case against Newmont Minahasa
Raya borders on the bizarre. When NGOs initially claimed that
residents of Buyat Bay were suffering from Minamata disease, many
were shocked. The outbreak of the disease would have meant severe
levels of mercury poisoning. There were claims that the mercury
resulted from Newmont's tailings.

Several ministers dismissed these claims and Newmont
repeatedly insisted it did not use mercury in its prospecting or
disposal process.

Later tests from a leading university and police found that
while residents did not suffer Minamata disease, there were
traces of mercury found in the Bay which, allegedly, were above
the standard level set by the government for seawater pollution.

One point of contention now is the exact baseline standard of
mercury in the water in Buyat Bay and blood levels of victims
allegedly suffering from poisoning. Newmont claims that samples
tested by third-party laboratories met world standards.

This case is yet another test for our police. We do not wish
to impinge or influence their investigations in any way other
than to encourage them to conduct themselves in a proper manner.
Neither should the police or government be swayed by remarks from
high-ranking U.S. officials or suggestions by Newmont's home
office that prosecution could deter foreign investment.

Guilty is guilty, foreign or local. Indonesia has a right to
uphold its laws. But this must be conducted under the caveat that
if there is evidence against Newmont Minahasa Raya it must be
irrefutable and presented in the most transparent manner.

Even if Newmont is eventually exonerated, police must get down
to who is exactly responsible for the contamination of Buyat Bay.
We cannot afford to let the case linger and fade to become
another tall-tale of conspiracy.

Failure to resolve the matter openly would only reinforce
Indonesia's image as an unsafe country where the sanctity of
contracts and the law are not respected, but a place where local
officials may get away with attempted extortion.

Rumors of locals trying to extract money before the closure of
Newmont Minahasa Raya's operations; illegal miners irresponsibly
using mercury and arsenic; or political jostling over potential
shares in Newmont's other major gold and copper operation in Nusa
Tenggara, should be laid to rest.

Common sense should also prevail in the police's
investigation. As noted earlier, police may very well be within
their rights to seek the detention of senior Newmont Minahasa
Raya officials named suspects, but we question the urgency of
their incarceration.

Some of them are recognized individuals in society. It is
questionable they would go so far as to flee investigation or
attempt to impede investigations by destroying evidence -- the
usual grounds for seeking the detention of a suspect.

A major company, Newmont would only do harm to its own
reputation if it attempted to foil investigations. We know
Newmont is here prospecting in Indonesia for the long haul, and
trust management are aware that if criminal proceedings are
needed they would cooperate as such.

We only hope the police have the same long-term vision and
their investigations are conducted to abet the safety of the
environment based on clear evidence, not short-term political
gains.