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Court Rejects WALHI’s Claims Entirely

Court Rejects WALHI’s Claims Entirely

Published 12-18-07

Submitted by Newmont Corporation

JAKARTA - December 18, 2007 - The South Jakarta District Court today ruled that plaintiff WALHI (Wahana Lingkungan Hidup Indonesia/ Indonesian Friends of the Earth) has failed to prove its claims of pollution and regulatory violations against the PT Newmont Minahasa Raya (PT NMR), the Ministry of Energy and Mineral Resources of the Republic of Indonesia and the Ministry of Environment of the Republic of Indonesia. Therefore the Court has completely rejected all claims made against the defendants.

Ruling on evidence presented during the five-month civil trial, the court held that Buyat Bay is not polluted and that PT NMR was in compliance with all regulations and permits during its eight years of operations from 1996 to 2004.

"Throughout the trial, WALHI's testimony was inconsistent and not credible" said Luhut M.P. Pangaribuan, PT NMR lead counsel. "It filed the civil lawsuit claiming environmental pollution, but later stated that pollution was never part of its allegation when it challenged the judges' desire to visit Buyat Bay." "Most of the so-called evidence presented by WALHI has been examined and resoundingly dismissed by judges in the criminal trial; this civil case a waste of the court's time and resources," he added.

In April 2007, PT NMR was completely exonerated of all charges in the 21-month criminal trial, that heard testimony from 63 local and international witnesses; culminating in a 279-page, unanimous acquittal from the Manado District Court's five judge panel.

Evidence that secured a favorable ruling for PT NMR in this civil trial included:

  • Tests by the United Nations' World Health Organization, Indonesia's Ministry of the Environment, Australia's Commonwealth Scientific and Industrial Research Organisation, and Japan's National Institute for Minamata Disease concluded that Buyat Bay is not polluted.

  • Testimony from residents of Buyat and Ratatotok that the fish population in Buyat Bay remains stable and coral reefs are thriving; and,

  • Testimony from a government mine inspector, including documented evidence that PT NMR had all the appropriate operating permits and did not violate any of them.

    This latest verdict was welcomed by the local communities of Buyat and Ratatotok.

    "Buyat is clean; all of us who live here know it, and hopefully now others would know it and believe it as well-enough is enough," said Robert Sasuwuhe, the head of Buyat Village,

    "With the verdict, hopefully, the residents are now able to continue with their lives in peace, working and fishing in Buyat Bay", he continue.

    The Regional Government tourism office continues to promote Buyat Bay as one of Indonesia’s top dive locations because of its pristine waters and abundant marine life.

    Newmont will also continue to support environmental monitoring of Buyat Bay by an independent scientific panel that was formed through a Goodwill Agreement, which will be in effect until 2016.

    About Newmont

    Founded in 1921 and publicly traded on the NYSE since 1925, Newmont is one of the largest gold companies in the world. Headquartered in Denver, Colorado, the company employs approximately 15,000 people, the majority of whom work at Newmont's core operations in the United States, Australia, Peru, Indonesia, and Ghana. Newmont also is the only gold company listed in the S&P 500 index and in the Dow Jones Sustainability Index-World. Newmont's industry-leading performance is reflected through high standards in environmental management, health and safety for its employees and creating value and opportunity for host communities and shareholders.

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    Newmont Corporation

    Newmont Corporation

    Newmont Goldcorp is the world’s leading gold company and a producer of copper, silver, zinc and lead. The Company’s world-class portfolio of assets, prospects and talent is anchored in favorable mining jurisdictions in North America, South America, Australia and Africa. Newmont Goldcorp is the only gold producer listed in the S&P 500 Index and is widely recognized for its principled environmental, social and governance practices. The Company is an industry leader in value creation, supported by robust safety standards, superior execution and technical proficiency. Newmont Goldcorp was founded in 1921 and has been publicly traded since 1925.

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