Tue, 03 Jun 2003

Alleged Bali bombing mastermind Samudra on trial for his life

Wahyoe Boediwardhana and I Wayan Juniartha, The Jakarta Post, Denpasar, Bali

The alleged mastermind of the devastating Bali bomb attacks appeared in court for the first time on Monday.

Imam Samudra, 33, was charged under antiterrorism laws with plotting and organizing the terror attacks that killed 202 people on Oct. 12 last year. If convicted, he faces execution.

"Imam Samudra deliberately used violence to create widespread terror and fear by killing people and destroying property," lead prosecutor I Nyoman Dila told the court.

According to the indictment, Samudra, a computer expert, chaired several planning meetings leading up to the nightclub attacks.

"The defendant said there would be a big project to wage war against the United States and in the meeting several bombing targets in Bali were outlined," Nyoman Dila said, reading from the 43-page indictment.

Besides the Bali bombing, Samudra was also charged with involvement in the bombing of five churches on Batam island, Riau, and robbing the Elita jewelry shop in Serang, Banten, in which the perpetrators made away with at least 2.5 kilograms of jewelry and Rp 5 million (US$610) in cash.

The prosecutors alleged the defendant played a significant role in each of the crimes.

In their opening, Samudra's lawyers said the Denpasar District Court had no jurisdiction to hear the cases, particularly those involving the attacks in Batam and the robbery in Serang.

Although the court had the permission of the minister of justice to try all three cases, the lawyers argued the minister had no outright authority over the matter.

The lawyers also claimed the indictment contravened the spirit of the second amendment of the 1945 Constitution, particularly Article 28.

"The article concerned the right to not be prosecuted retroactively," Samudra's lead lawyer Qadhar Faisal said.

The antiterrorism law consists of two parts, the first governing antiterrorism and the second making the first law retroactive, especially for the Bali bombing.

During the trial, Samudra tried to steal the show by repeatedly shouting Allahu Akbar (Allah is Great) after being escorted to the defendant's chair.

He then saluted the presiding judges, prosecutors, lawyers and audience with the Islamic greeting of Assalamualaikum (May the grace of God be always with you).

The opening of the trial was marked by the loss of the justice's mallet. Presiding judge I Wayan Sugama had to open the trial by knocking on the bench with his clinched fist.

Later in the afternoon, 11 witnesses testified at the trial of Amrozi, another of the bombing suspects, which took place in the same building. Most of the testimonies centered on the Mitsubishi L-300 minivan that was allegedly used by the terrorists as a car bomb.

The trial was later adjourned until Thursday. Prosecutors said there would be a total of 220 witnesses.

Separately, at four different venues in the Denpasar District Public Court compound, Rauf, Junaedi, Andi Hidayat and Andri Octavia were brought to court for the first time. The four were allegedly involved in the robbery at the Elita jewelry shop and in the Bali attacks.