Lawsuit Seeks Criminal GOI on Churchill Lawsuit Seeks Criminal Investigation on Churchill Mining Tribune Article May 15, 2013
Another translated via a friend. In essence I believe they're trying to intimidate Churchill Mining.
TRIBUNNEWS.COM, JAKARTA - The Indonesian government will criminally investigate and probe evidence/documents that has been allegedly falsified Churchill Mining Group. This step will be a separate to the legal process of arbitration at the International Center for Settlement of Investment Disputes (ICSID).
This was said by the Regent of East Kutai, Isran Noor, in Jakarta, after following a series of hearings Arbitration in Singapore on Tuesday (14/05/2013) night. Isran confirmed it is exploring the criminal legal action.
"They, the plaintiff [Churchill Mining and Planet Mining], consider this case worthy to be brought to ICSID arbitration. Though it is unreasonable; Tribunal itself is of the opinion that the plaintiff delivered a lot of things that are not in accordance with reality. Examples Including bilateral relations that have nothing to do with this case. Almost like comparing Netherlands to Senegal, then Netherlands also with the Philippines, "said Isran.
Isran explains, from in-depth review of the results by the legal team of the Government of Indonesia, indicated most of the documents are falsified by the plaintiff [Churchill Mining and Planet Mining] and its subsidiaries (the group members). This includes thesignature permitting mining activities in the district.
"They [Churchill Mining and Planet Mining] then asked in the arbitration forum, why if this is truly a forgery, was not brought into the criminal realm. I reiterate, that revocation of Ridlatama Group as an administrative sanction has been very giving lessons and a tremendous pressure," said Isran.
"But when they're ready, we'll bring this issue to the point of criminal law. We just do not want to move currently as it is regarded as criminal intimidation whilst the arbitration process is running. But if they continue to sell it, we will buy it. If they sell a fish, we will buy it, "he added. [Are Churchill & Planet a Fishing Company????]
Isran given administrative sanctions assert a form of East Kutai regency humanitarian approach in the investment sphere. Because the Ridlatama already suffered huge financial losses upon revocation of the IUP.
"Ridlatama Group is partnering does not fit the rules. Breaking laws because they do not report the cooperation with the local government," he said. With the recent developments, the defendant will wait and see the next steps of the plaintiff.
"For now we still wait and see. We are optimistic that we are in the correct position. Tribunal have also heard directly from other parties the revelation they [Churchill Mining and Planet Mining] are now carrying the alleged falsification of documents into the realm of law. We will explore the criminal action, but we do not want this to be assessed as intimidation of the arbitration process, "he said.
Isran confirmed legal proceedings will be interpreted as a step to keep the government's National Pride. "We want investment in Indonesia to go well. This is not to discourage investment. However it is to provide legal certainty for investors, both domestic and abroad," he said.
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