Facing at least three years in an Indonesian prison, Newmont Mining executive Richard Ness said he remains confident that evidence will exonerate him.
Ness, 57, and a Newmont corporate subsidiary are on trial in Indonesia on criminal charges of polluting Buyat Bay with waste from the Minahasa gold mine on the island of Sulawesi.
Both sides in the case have presented their evidence in the 2 1/2-year case and a verdict is expected within the next two months.
“Buyat Bay has never been polluted,” Ness said Friday in an interview at Newmont’s downtown Denver headquarters. “One would definitely hope that at the end the truth will prevail and we will be totally exonerated.”
Indonesian police and prosecutors allege that Newmont’s practice of subsea mine-tailings disposal on the floor of Buyat Bay left high levels of mercury and arsenic in the water, sickening local villagers and killing fish.
The charges carry a maximum prison term of 10 years, although prosecutors have recommended a three-year sentence if Ness is found guilty.
Ness’ trip to Denver to meet with Newmont executives and reporters is his first time in the United States in 18 months. Indonesian authorities originally prohibited him from leaving the country, refusing his request to return to the U.S. for his only granddaughter’s funeral. They later lifted the ban.
Ness’ defense is anchored by a number of groups whose certified lab tests show no water pollution in the bay nor elevated mercury levels in villagers.
The groups include the World Health Organization, the Japanese Minamata Disease Institute, the Australian Commonwealth Scientific and Industrial Research Organization and Indonesia’s own Ministry for Environmental Affairs.
Ness said he refuses to contemplate spending time in an Indonesian prison and has never considered staying in the U.S. to avoid prosecution.
“I’m totally focused on winning this thing,” he said. “My employees and my family deserve the knowledge that we did nothing wrong, and the villagers and fishermen need the assurance that their bay is clean.
“I can only hope that at the end of the day, justice will prevail.”
Staff writer Steve Raabe can be reached at 303-954-1948 or sraabe@denverpost.com.
