Richard Ness : Blog : A Convincing and a Substantive Verdict Sets the Record Straight on Buyat

A Convincing and a Substantive Verdict Sets the Record Straight on Buyat - 27 Apr 2007
by Eric

When the verdict was read on the 24th of April-2007, the ruling articulated the scientific arguments with such clarity and authority that it will now set a new standard for environmental analysis in Indonesia. The verdict reflects a profound understanding of not only environmental science, but also of data quality and analytical issues. It is clear that the final verdict is based on the most advanced environmental analysis that has ever come to the attention of any court in the history of Indonesia.

The final ruling is unambiguous because it is based primarily on substance and technical facts. When I sat in the court and listened to the ruling I noted that each of the prosecution’s evidence was rejected soundly and decisively. The Judges had applied the most objective scientific knowledge and techniques to develop their argument for each rejection of prosecution’s claim.

Therefore, it is not a surprise that WALHI and JATAM are having a hissy fit. Take a recent comment from Siti Maemunah coordinator of the Mining Advocacy Network (JATAM) who said, “Newmont was found not guilty because of legal procedure, but not on the substance”. Such a statement only reflects the desperation and hollowness that should be more than obvious to the general public. It is clear that WALHI and JATAM have lost all credibility [link].

It must be stated that the court’s decision was not just a simple victory where my Dad and Newmont were acquitted of any wrongdoing but the judgment had a list of more than 50 points outlining why these allegations were not only unfounded but also it categorically stated that no environmental crime was committed in Buyat by Newmont. The decision was a slam dunk in all respects yet some are still trying to spin it as a victory by technicality.

I would like to take a second to walk through some of points I heard the Judges outline as I sat in court with my Dad Tuesday. These points were the basis for their decision.

1) Newmont obtained the AMDAL [environmental impact analysis].
2) There was a permit from Minister of Environment Sonny Keraf.
3) Newmont consistently submitted monitoring data on time (including daily results even though this is not required).
4) These reports have consistently shown that no standard was breached.
5) KLH [Ministry of Environment] and Technical Team found no breach of the standards.
6) All tailings were detoxified.
7) Independent studies by UN WHO, CSIRO, ALS and all universities showed there was no pollution and that no standards were breached.
8) That there is no connection between deep water conditions and Newmont’s operations in Buyat Bay.
9) The thermocline was found at 43 meters.
10) Those tailings were disposed at 82 meters.
11) No contamination was found in either Buyat Bay or Ratatotok.
12) Ratatotok actually has higher trace levels of Mercury and Arsenic that what was found in Buyat.
13) All diseases found in Buyat are consistent with other Indonesian coastal areas.
14) The Police sampling had numerous problems (24 samples taken – 34 showed up at the lab) and their lab is not accredited.
15) The Tech Team Review was not official and they have never been on site.
16) All operations are the responsibilities of the kepala tehnik [Technical Mine Manager] or General Manager.
17) In the entire history of the mine, the government has never sent any warnings of pollution.
18) The government of Indonesia never conducted an environmental audit.
19) There was never instruction from the government to relocate the villagers from Buyat Bay. NGO’s were the ones recommended and facilitated the relocation of some of the villagers.
20) The prosecution refused to do resampling on a court order.
21) The goodwill agreement between Newmont and the Indonesian Government provides for monitoring of the bay for the next 10 years. To continue to ensure that pollution will not occure in the future.
22) Rignolda’s one of the prosecutions prime witnesses testimony was not based on his expertise which is Mangroves and not supported by other independent experts.
23) If the PROPER system had been applied – Newmont would get a Green rating (meaning that they are consistently 50% below standard).
24) Baby Andini’s death was caused by the refusal of the parents to follow doctor’s orders.
25) That tailings are not B3 waste as stipulated in the AMDAL.

There are numerous other points of course but, I think it is absolutely clear that the basis of the verdict is technical science and not any legal loop hole. In fact the verdict has re-instituted the role of good science in policy debate. The Judges conclude that the prosecution failed to prove the charges. At the same time the ruling also proves that Buyat Bay is clean, fish are safe and people are healthy.

By applying empirically verifiable and reliable technical facts as the foundation of the verdict, the Judges have left an indelible imprint on Indonesia’s legal system that will benefit the people for generations to come. Shame on WALHI and JATAM who continue to embrace deception and misrepresent the truth!

It’s also important to state that this case has not only vindicated my Dad and defeated the people who make wild allegations but, this is also a victory for Indonesia in other ways too. The Wall Street Journal wrote Wednesday, “Pass the word, please: The world's most populous Muslim nation is open for business” and that the “correct verdict… was never in doubt”.

However, if there is an appeal on this decision the whole business community will be wondering why the government is bringing once again an innocent person and company to court. The government has 14 days to appeal the decision; we are all anxiously waiting to see what the government will do. We will have to wait and see if this silly season is over.