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 is a critical thinker with expertise in the scientific method.
The New York Times is not a place where you should expect to find the truth.
No wonder this case is taking so long.
“The case is sensitive because we are trying foreign parties,” according to Chief Judge Damanik.
The most militant and disruptive parties on trial, which are of course poised to inflict mayhem and riots, are the NGOs which foisted this case on the judiciary.
If the NGOs lose the case and go on a rampage, with the greenpeacers nipping and baying at the heels of government and the media, and threatening to damage the tourist economy, someone will have to pay.
Well, better Richard Ness pay than the local economy. He has to go down for at least time served, plus a monetary fine.
In these backwater economies, where the judicial system is mostly “back to nature,” you get as much justice as you can pay for.
Good luck, Mr. Ness, hope for the best and I pray the worst does not befall you.
Schiller you have no idea how the judicial system works on Indonesia. Stop making a fool of yourself for once.
Travis,
Enlighten us all with your brilliant and well-founded insights on the Indonesian judiciary. You will doubtless supply us with any number of glowing endorsements of Indonesia’s system of justice and leave us greatly impressed.
Schiller I know someone who is currently appealing against a long sentence in an Indonesian gaol. I communicate with him daily from his crowded prison cell. I have previously written here what little I think of Indonesia’s capacity to carry out justice. My opinions have been plain to see, and yet you seem to think I support the system.
You have gone on your usual rant about Greenpeace, who have very little if any influence in Indonesia, and taken the opportunity to revel in your hatred of NGOs. It is not applicable here.
Jennifer may not agree with instantly grabbing a link to support one’s argument and try and ‘convert people’ to one’s point of view (see previous AGW thread), but it has to be better than your constant cheap shots at any group or cause you find distasteful with no attempt to source facts or find reason. You are a serial offender and serially offensive.
Travis,
My condolences to your incarcerated friend in Indonesia. My condolences to you, if you think Indonesia has a credible judicial system.
And I didn’t “rant about Greenpeace.” I merely mentioned greenpeacers, a generic term which includes the WWF, HIVOS and others who threaten to wreck local economies in developing nations in exchange for political influence and financial donations.
You are too innocent for this discussion.
Schiller,
Go through anything Jennifer has posted on Richard Ness. Most of the time I think I have commented. Then tell me how you have come to the conclusion ‘my condolences to you, if you think Indonesia has a credible judicial system.’ You have to be absolutely delusional. In fact I wrote above ‘I have previously written here what little I think of Indonesia’s capacity to carry out justice.’ Don’t worry Schiller, I know that upon appealing, you usually end up with a longer sentence in Indonesia. Yes, that is my belief that Indonesia has a credible justice system.
As for being ‘too innocent’, at least I have experience here to be able to comment Schiller.
Schiller,
You have misrepresented Travis. He has consistently indicated at this blog that he does not have much confidence in the judicial system in Indonesia.
I am more hopeful.
Handing down of the verdict has now been postponed again, this time until Tuesday 24th April.
Postponements seem pretty common in the court system in Indonesia, which is pretty frustrating for those awaiting a verdict/sentence and their loved ones. Hopefully it will be good news for Richard.