Wed, 13 Oct 2004

Police extend detention of Newmont employees

Abdul Khalik, The Jakarta Post, Jakarta

Police investigators have extended the detention of mining firm PT Newmont Minahasa Raya's executives for another 40 days despite recent test results that have confirmed normal levels of toxic materials near its mine.

The extension was signed by the North Sulawesi Prosecutor's Office, which is now examining the case files submitted by the police. The new period of detention officially began on Oct. 11.

National Police Chief Gen. Da'i Bachtiar said the police had requested the extension, although the families, lawyers of the Newmont employees as well as the U.S. ambassador, have repeatedly requested their release, which was supposed to end on Oct. 13.

"We have extended their detention but we are open to their request," said Da'i.

Despite being cooperative with the police in the investigation into alleged pollution of Buyat Bay in Minahasa, North Sulawesi, the police have been holding five Newmont employees, including an American and an Australian, in jail since Sept. 23 after naming them suspects.

Police have also declared the U.S.-based company's president, Richard Ness, a suspect but have allowed him to remain at home due to poor health, which requires regular check ups.

The U.S. government has said the detention of the men was inappropriate and would adversely affect the investment climate here.

Police can detain suspects without charges if they are deemed uncooperative, considered flight risks and/or able to destroy evidence.

A police investigator, however, told The Jakarta Post that the investigators were now under a great deal of pressure following the escape of the prime suspect in a US$185 million bank scandal, Adrian Waworuntu, and thus wanted to avoid the same problems with the Newmont five.

"We don't want to risk losing suspects when we are about to transfer him or her to the prosecutors. We have come under (public) pressure because of Adrian's escape," he said.

Adrian managed to escape justice following a long process of review of his case file by the prosecutors.

Last week the police submitted the case files of the Newmont executives to the North Sulawesi Prosecutor's Office, which has a maximum of 14 days to examine them and decide whether they have a solid case and charges can be laid.

Newmont's lawyer Luthfi Yazid confirmed the extension of his clients' detention period.

"They will remain in police custody at the National Police Headquarters (in South Jakarta)," Luthfi said.

Police want charges to be laid against the Newmont executives under the 1997 environment law after a police team claimed it had found a huge excess of heavy metals in Buyat Bay that exceeded the standards set by the government.

Several independent examinations by international scientists, however, have revealed normal levels of heavy metals in the bay and among the villagers nearby.