Ba'asyir found guilty, sentenced to 30 months
Ba'asyir found guilty, sentenced to 30 months
The Jakarta Post, Jakarta
The headline-grabbing trial of Abu Bakar Ba'asyir came to a close
on Thursday with a two-and-a-half-year jail sentence for the
Muslim cleric for his part in the "evil conspiracy" that killed
202 people in Bali in October 2002.
"Abu Bakar Ba'asyir alias Abu Somad alias Abdus Somad has been
found guilty of involvement in an evil conspiracy to cause an
explosion that caused death and endangered the lives of others,"
presiding Judge Suharto said.
Such an act carries a maximum term of five years in jail under
Article 187 of the Criminal Code.
The South Jakarta District Court judges relied on the sworn
testimony of Mubarok, who was convicted for his role in the Bali
bombings, who cited a conversation between Amrozi and Ba'asyir
about holding an "event" in Bali, which the court interpreted as
proof that Ba'asyir had conspired in the bombings.
Amrozi, who was sentenced to death, was never himself summoned
to attend the trial.
Given the fact that Ba'asyir has been detained since April
last year, he will serve only one and a half years in prison,
which equals the punishment he received for violating immigration
regulations during his previous trial.
The Yemeni-born cleric lost his freedom a few weeks after the
Bali blasts. Police believe he is the spiritual leader of
regional terrorist network Jamaah Islamiyah (JI), which has been
blamed for a string of bomb attacks in the country over the last
five years.
Out of the eight charges in the indictment laid by the
prosecutors, only one, a subsidiary charge, was accepted by the
court. The prosecution had recommended a sentence of eight years
for the cleric.
After the verdict was read out, havoc broke out in the
makeshift courtroom with hundreds of Ba'asyir supporters shouting
and cursing the judges, while dozens of women wearing veils wept
over the decision.
Scores of police officers quickly formed a human fence to
protect the judges while dozens of others escorted the five
judges and 14 prosecutors as they left the courtroom.
"I refuse to accept the verdict. This is a despotic decision.
Insya Allah (God willing), I will appeal," said Ba'asyir,
responding to the verdict.
Ba'asyir's lawyer, Mohammad Assegaf, objected to the judges'
reasoning, saying that the conversation between his client and
Amrozi in August 2002 could not be used to prove the commission
of a crime.
"Even if Ba'asyir was sentenced to only one hour in prison, we
would still appeal. How can you use an abstract conversation as a
basis to convict the defendant?" Assegaff asked.
Mahendradatta, another Ba'asyir lawyer, claimed that the
verdict had been pre-ordained to legitimize his client's
detention by the police.
Mahendradatta said that besides appealing, Ba'asyir's lawyers
would also consider seeking a review of the verdict due to the
fact that Amrozi had never testified before the court. As a
result, the verdict was based merely on hearsay.
Outside the courtroom, Ba'asyir supporters from various
militant organizations, such as the Islamic Defenders Front (FPI)
and Hamas, crammed the parking lot to listen to a speech by Habib
Rizieq, the FPI leader.
Most of the cleric's 1,500 supporters arrived in 25 buses with
Yogyakarta and Surakarta number plates, laid on by the Indonesian
Mujahidin Council (MMI).
Ahmad Sumargono, a national legislator, also condemned the
verdict, saying that Indonesia had to stop U.S. intervention in
the case.
About 3,000 police officers and two water cannon were deployed
to provide security around the courtroom.
South Jakarta Police chief Sr. Comr. Ghufron said before the
handing down of the verdict that his men had found four molotov
cocktails in the parking area.
"We haven't found the perpetrators, but thank God this area
has been neutralized since 4 p.m. yesterday," he said.