Businessman faces 14 years imprisonment

JAKARTA (JP): A state prosecutor asked the North Jakarta District Court yesterday to sentence businessman Hasan, alias Eng San, to 14 years in jail for inducing other people to kill his business rival Nyo Beng Seng.

Prosecutor Andhi Nirwanto said Eng San was guilty of violating article 55 of the Penal Code which carries a maximum 15 years jail term.

"The defendant deserves such a sentence since he organized the murder. He had also been convicted before for gambling."

According to the prosecutor, Eng San also gave confusing testimony and hampered the trial by faking illness.

Yesterday's session also featured the prosecutor and lawyers arguments. The session was scheduled to hear three witnesses asked by Judge Bhaedowie but neither the prosecutor nor the defense lawyers were able to bring them to the stand.

The prosecutor said he could not present witness Kiki Arianto because he was not at his previous address in Bekasi.

"We have sent several summons but he is not there anymore. We have also searched his whereabouts but came up empty-handed," Andhi said.

The prosecutor asked the court to allow him to continue the trial with his concluding statement.

The request was strongly objected by defense lawyers Soedjono and Teguh Samudera because they could present their witnesses, but needed another week to prepare.

"My colleagues and I met with Hong Lie and A Gun in Hong Kong last week. Both of them agreed to testify in person, but A Gun will need one week to complete his visa, while Hong Lie still has other business in the U.S," Soedjono said.

Last week, Judge Bhaedowie asked the prosecutor and the defense lawyers to present witnesses, Kiki Arianto, A Gun, and Hong Lie in court because their written testimony was unclear and the court would hear them under cross-examination.

According to the police, the three witnesses are wanted for their involvement in the crime.

Soedjono said they had pictures of Hong Lie and A Gun to prove their meeting and a videotape of their willingness to testify in person.

Soedjono asked the court to allow him to play the tape, but the prosecutor argued against this, saying neither he nor the defense lawyers could present their witnesses.

"Other proof is not relevant in today's hearing, so I ask the court to continue with the session," Andhi said.

The prosecutor's statement was protested by the lawyers.

"Compared to what we have done to present our witnesses, I think the prosecutor should have done much better since his witness lives in Bekasi, while we have had to go all the way to Hong Kong," Soedjono said.

Judge Bhaedowie said that since the two parties had failed to present witnesses, the prosecutor could precede with the sentence request.

The decision was booed by onlookers who packed the room.

Yesterday's session had been postponed three times due to the lawyer's absence, the prosecutor was not ready to read his sentence request and the defendant's absence because of sickness. (12)