The verdict in the high-profile trial of Richard Ness was to be handed-down this Wednesday, 4th April, in Manado, North Sulawesi, Indonesia. It has now been postponed with Chief Judge Ridwan Damanik telling Reuters the judges need more time to draw up the verdict.
Mr Ness, President-Director of Newmont Minahasa Raya which operated a gold mine at Buyat Bay in North Sulawesi, is accused of knowingly polluting the bay.
“It takes time to compile opinion from five judges into a verdict. But I think the verdict can be read out on April 18,” said Chief Judge Damanik.
“The case is sensitive because we are trying foreign parties. We don’t want to rush things as it could become a problem,” he added.
The prosecution has relied on evidence from the Indonesian National Police with an initial water quality sample, processed in an uncertified laboratory, showing high levels of mercury and arsenic.
Duplicate samples (simultaneously collected) which Newmont had tested in an independent laboratory found all levels of heavy metals within international standards.
Other scientific studies have shown the waters of Buyat Bay to be unpolluted including studies by the CSIRO and medical and toxicological studies by the World Health Organization and the Minamata Institute of Japan have found no evidence of mercury or arsenic poisoning in local villagers.
Nevertheless, the perception is that Mr Ness is guilty with the New York Times publishing a front page story on 8th September 2004 falsely implicating the gold mine in the poisoning of local villagers.
In the Indonesian judicial system a defendant can make recommendations. At the end of his statement of defense, Richard Ness requested that in the final ruling the courts order an investigation, and if sufficient evidence is established, the prosecution of Rignolda Jamaludin, Jane Pangemanan and Raja Siregar for what he described as the “Buyat Hoax”. He also asked the investigation of the members of the Ministry of Environments “Technical Team” who, he claims, under the guidance of Masnellyarti Hilman willfully and knowingly manipulated data and referenced non existing regulations to deceive the pubic by creating the image that a village needed to be relocated because of pollution when in fact no pollution existed.
May truth and justice prevail when the verdict is eventually handed-down.

Jennifer Marohasy BSc PhD has worked in industry and government. She is currently researching a novel technique for long-range weather forecasting funded by the B. Macfie Family Foundation.