Desy Nurhayati, Jakarta – The Indonesian Environmental Forum (Walhi) said Wednesday it was optimistic it would win the Buyat Bay civil lawsuit against giant mining company PT Newmont Minahasa Raya following the court's decision to cancel an on-site investigation.

Walhi executive director Chalid Muhammad said the group appreciated the Tuesday's ruling made by the South Jakarta District Court to cancel its October 25 ruling when judges' planned to visit Buyat Bay to get further evidence on the case.

The environmental group opposed the plan to visit the North Sulawesi bay, saying the trip was unnecessary and enough evidence had been provided to prove the company was responsible for an alleged dumping of toxic waste into the bay.

"The visit is pointless because there's nothing left on the location," Chalid said. "Any proof or sign the bay was polluted has been eliminated since Newmont stopped operating in 2004. And Buyat residents have also moved to Duminanga (village). It's too late if the judges plan their visit at the moment. They'd better focus on the evidence – and facts surrounding the incidence."

Walhi filed a lawsuit against Newmont on March 3. The group alleged the company had polluted the bay, causing hundreds of residents to suffer from various illnesses.

The next session on the case would be held December 6. "If the judges' rulings in the next session are based on all facts and evidence presented in the court, we are upbeat that we will win the case," Chalid said.

One of the plaintiff's lawyers, Firman Wijaya, said the court's ruling to cancel the visit was a positive sign justice was on their side in the fight against environmental crimes.

"This case can be an inspiration and guidance for all law enforcers who handle such crimes to make their rules in line with conservation," he said. "The judges' rulings on the next session will prove if justice is siding with environmental efforts."

Newmont had previously faced criminal charges for pollution in 2004 in a North Sulawesi court, but it was acquitted because of a lack of evidence. "We expect that the current trial will not repeat the plaintiff's loss against Newmont in the 2004 criminal trial," Firman said.