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PT Newmont Minahasa Raya (PTNMR) started operations at its Mesel gold mine in 1996. The mine is located in Indonesia, on the island of Sulawesi. After eight years of successful operations, PTNMR completed production activities on August 31, 2004 following the processing of remaining gold ores. During operations, the Government of Indonesia issued permits that allowed PTNMR to place its mine tailings on the seabed, under conditions engineered to ensure the health and safety of the people and environment, at a location known as Buyat Bay.
During the months of July and August 2004 - more than eight years after startup of the operation -- PTNMR endured a series of sensational accusations pertaining to the alleged effects of its mine tailings on area residents and the fish and water of Buyat Bay. Since that time, PTNMR has seen the retraction or refutation of those accusations. Numerous independent scientific studies demonstrate that the allegations of pollution in Buyat Bay have no basis in fact.
Since those inflammatory allegations where aired, the people living near Buyat Bay and the fish and water in Buyat Bay have been extensively tested. All credible studies and tests show metals levels are within applicable Indonesian and international standards.
Despite the irrefutable scientific evidence, the Government of Indonesia brought a criminal prosecution against PTNMR and Richard B. Ness, PTNMR's President Director, in the Manado District Court. This proceeding commenced in July 2005. After the presentation of dozens of witnesses by both the prosecution and the defense, it became even clearer that there was no scientific basis to support the allegations that PTNMR's operations harmed the people, the fish or the water of Buyat Bay. In September of 2006, all evidence was submitted to the Manado District Court, and the process of filing briefs to the court summarizing the evidence began.
In January of 2007, both the prosecution and defense submitted their respective arguments – the defense submitted their arguments, called a “pledoi,” and the prosecution submitted their counterplea to the pledoi, called the replik. After final arguments, the judges deliberated for about a month (delaying the verdict once). During the judges’ deliberations, WAHLI, Indonesia’s largest environmental non-governmental organization, filed a civil suit against PTNMR alleging pollution from the disposal of mine tailings into Buyat Bay.
On April 24, 2007, after a 21-month long trial Rick Ness and PTNMR were acquitted of all charges in Manado’s District Court. The court ruled that the company and Ness are innocent of all criminal charges of pollution and regulatory violations.
Since the acquittal, the prosecutors submitted an appeal document in a bid to overturn the ruling acquitting Rick Ness and PTNMR, despite the fact that Indonesian law prohibits an appeal when the defendant is acquitted of all counts and charges. PTNMR filed a counter motion against the appeal citing the appeal’s unlawfulness.
The civil case involving WALHI and PTNMR came to an end on December 18, 2007. A South Jakarta District Court acquitted PTNMR of all claims of pollution in Buyat Bay. This was the second court to issue a favorable ruling and clear Newmont of any wrongdoing.
This website seeks to facilitate access to the reports, facts, and data related to the environment and the people around Buyat Bay. It also provides information pertaining to the criminal prosecution of PTNMR and Mr. Ness. It is being maintained by Newmont Mining Corporation.
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