Villager testifies against Newmont in Buyat pollution case

Villager testifies against Newmont in Buyat pollution case

Agencies, Manado

A fisherman testified on Friday that PT Newmont Minahasa Raya
(NMR) dumped pollutants into Buyat Bay that caused him to suffer
lumps on his neck and dizziness, but the defense argued on the
trial's first day that the witness was faking his illnesses.

The case was being closely monitored, with foreign investors
viewing it as a test of Indonesia's notoriously weak legal
system, and environmentalists watching to see whether the cash-
strapped government would cave-in to a multinational company.

Fisherman Rasit Rahman was the prosecution's first witness at
the trial of the Denver-based company's Indonesian subsidiary and
its American director, Richard Ness.

The company and Ness are charged with dumping mercury and
arsenic-laced pollutants into Buyat Bay in North Sulawesi. Ness
faces up to 10 years in prison and a fine of US$68,000 if
convicted.

The company has argued that a police investigation was flawed
and that there was no evidence of pollution and no evidence that
villagers had become ill as a consequence.

But Rahman, 38, who lived close to the mine, testified: "I got
lumps on my neck and suffered from dizziness." He also claimed
that fish stocks had been depleted in the bay since Newmont began
operating there in 1996.

He added that his wife and children also suffered from the
same health problems. "I don't have these problems anymore since
I moved to another village."

Under cross examination, the fisherman said he did not go to a
local doctor for treatment, but waited until several of the
villagers went to Jakarta to get a check up in a trip widely
covered by the media.

Several such trips were paid for by environmental groups that
were seeking to bring charges against Newmont.

Rahman said he paid for the trip himself, triggering jeers
from Newmont supporters in the courtroom.

Newmont's chief lawyer, Luhut Pangaribuan, claimed Rahman had
signed a declaration that stated he was never sick, with the
attorney showing the court a photograph of Rahman signing the
document.

The statement was taken by a local legal aid institute in the
area, but Luhut gave no further details.

"The witness statements have no link to the charges against
Newmont," he said.

Luhut, who has repeatedly declared that the company did not
pollute Buyat Bay, questioned the validity of the villager's
claims.

"That's strange," he told reporters during a break in the
trial for Friday prayers. "If he was really contaminated by
arsenic and mercury, the health problems would persist for years.
How come it's suddenly gone after he moved?"

Rahman was among six witnesses who testified at the Manado
District Court.

The National Police launched an investigation last year after
claims surfaced that Newmont had pumped toxic waste into the air
and sea around its mining operation in North Sulawesi, causing
neurological disorders and severe skin conditions for villagers
living nearby.

Newmont representatives have long argued that a criminal
prosecution of the mining company would serve as a deterrent for
much-needed foreign investment into the country, but the
government has pressed ahead with the case.

In addition to criminal charges, the government has also
filed a civil lawsuit against Newmont seeking the equivalent of
US$130 million in damages -- although this case was expected to
be settled out of court.