From the Editor - An Exonerated Ness Files Lawsuit Against The New York Times

- During late April, an Indonesian court ruled that PT Newmont Minahasa Raya, a subsidiary of Newmont Mining Corp., and its President Rick Ness are innocent of all criminal charges of pollution and regulatory violations. Ruling on evidence presented during the 21-month trial–one of the longest criminal proceedings in Indonesian history–the court held that Buyat Bay is not polluted. It further found, as Minahasa contended, that the company was in compliance with all regulations and permits during its eight years of operations from 1996 to 2004.

“I’m thrilled that after nearly two and one-half years of false allegations, my name, and that of my fellow employees, has been cleared and our reputations restored,” said Ness. “This is a victory for everyone who believes in justice and for the communities around Buyat Bay who can now be fully confident that Buyat Bay’s waters are clean, that the fish are safe for consumption, and that their health has not been affected by our operations.”

A week after the verdict, Ness filed a $65 million lawsuit against The New York Times and a reporter over pollution accusations made in the paper. The civil lawsuit was filed at the Central Jakarta court against the New York Times Co. and its reporter, Jane Perlez, for publishing discrediting articles against Ness between September 2004 and February 2006.

This was no routine mining hatchet job by a misinformed journalist. In April 2005, the Overseas Press Club (OPC) awarded Perlez the Whitman Bassow Award, which recognizes “best reporting in any medium on international environmental issues.” In accepting the award, The New York Times took credit for forcing the Indonesian government to take legal action against Newmont. Throughout this entire ordeal, Ness’s son has maintained a blog (www.richardness. org). Readers can view a video of a managing editor accepting the OPC award on behalf of Perlez. What’s troubling is that The New York Times accepted the award even though, at the time, the source for key evidence had retracted her claims and apologized.

According to Reuters, in the lawsuit Ness asks the court to order Perlez and The New York Times to carry a bylined article on the newspaper’s front page for 15 consecutive days saying PT Newmont Minahasa Raya did not pollute Buyat Bay. It also calls on Perlez and the Times to run an apology at a time set by the court. The lawsuit said failure to do so should result in a fine of $100,000 a day. The lawsuit seeks material compensation of $894,000 and immaterial compensation of $63.9 million.

Even though Ness and his colleagues have been exonerated, justice will not be served until The New York Times pays. A newspaper of questionable editorial integrity would not let the facts get in the way of a good story. The newspaper tried to establish credibility by damaging the reputation of innocent professionals. It profited from false reporting. This case is very important to the mining industry. Even before the Indonesian authorities charged Ness and his team, they were convicted in the court of public opinion by the The New York Times. A large settlement will send a clear signal to publishers and non-governmental organizations that they better have their facts straight before they allege wrongdoing.


Steve Fiscor, Editor-in-Chief, E&MJ