Indonesia says it won't shy away from the controversy of prosecuting the world's biggest gold mining company for alleged pollution.

Five executives, including an Australian and three Indonesians, from the US firm Newmont will face court in January accused of causing arsenic pollution from mining operations in Sulawesi. Locals claim they are suffering serious health problems as a result, while Newmont denies any wrongdoing. Indonesia's new Environment Minister says while this case is high profile, its just one of many pointing to a new era of environmental care in Indonesia.

Presenter/Interviewer: Karon Snowdon

Speakers: Rachmat Witoelar, Indonesian Environment Minister.

Indonesia has been warned by the US Embassy that the prosecution of the case sends the wrong signal to foreign investors and could damage the economy. Environment Minister Rachmat Witoelar who has inherited the case from the previous government, says it should also be recognised as a step forward where the rule of law will be applied uniformly and the environment protected. He concedes it could affect investor sentiment.

Witoelar: I do think so – of course. I do not ignore that. In spite of that we have to proceed. I have talked with the Newmont leadership who came in from Denver. I have stated my case plainly and we are in total agreement that the conflicting reports and the conflicting .. other differences of opinion, the only thing we can do is present to the court and let it be judged by its merits.

Snowdon: But you accept that it may make some investors nervous?

Witoelar: Yes, well it may. It may make some investors nervous but it may make some investors confident that we are going to a court of law and are not going to take action irrespective of any law existing in this country.

Snowdon: The Newmont mine in Buyat Bay in North Sulawesi closed in August and a regular clean-up has been underway. Newmont says it will vigorously defend the charges of causing arsenic and mercury pollution from its system of ocean dumping of mine waste during the operational phase.

The locals, dependent on fishing, claim they have been poisoned and are pursuing a separate case for compensation. Numerous and conflicting scientific tests have confused the matter.

Rachmat Witoelar says the Newmont case is grabbing the headlines but he is considering 43 other cases which could lead to prosecution. He hopes whatever the outcome, all sides will accept the case is being prosecuted without fear or favour.

Witoelar: And the only thing I can do is try to be as objective as possible in this particular case, which I fully realise that the court decision or the facts arising from that will put me at fault – I fully realise that – because we are not setting things up. Certainly I want a fair trial – I am turning over a new leaf.

Snowdon: What do you mean?

Witoelar: By putting things into court and not by judging on government decree anything that is due process of law.

Snowdon: Do you feel there is a risk that this is a big American company and that it could be interpreted in some circles as "going after a scape-goat" if you like, just because it's a foreign company?

Witoelar: Well you will hear in time that Newmont is not the only party that we are pursuing in this case. Anybody that pollutes we are after them whether they be Americans, Indians, Indonesians ... whoever.

Snowdon: Is there enough being done in the meantime for the local residents who say they have no choice but to drink the water and eat the fish?

Witoelar: Yes we have. The first thing we did was to instruct the local authorities to cater to their needs. But there still has been complaints, so we are sending another team – we have to – to attend to the sick; I don't understand why they don't do that, so we are sending the Minister of Health and we are sending a team.

Snowdon: The five Newmont executives, an American, one Australian and three Indonesians spent a month in gaol while investigations continued. Released on bail they are charged to appear in court in January. If found guilty they could face imprisonment or hefty fines. The company's President in Indonesia, American Richard Ness as not been charged.