Businessman's trial delayed for 3rd time

JAKARTA (JP): A state prosecutor asked the North Jakarta District Court yesterday to postpone the trial of Eng San, 43, a businessman accused of planning the murder of Nyo Beng Seng and taking part in it.

Prosecutor Andhi Nirwanto told the court that according to the head of the detention house in Cipinang, East Jakarta, the defendant was sick. The defendant was yet to receive a doctor's certificate, the prosecutor said.

It was the third postponement. The first took place last month when the defendant's lawyers had to leave before the session began for unknown reasons.

The trial was delayed again last week when the prosecutor said he was not ready for a conclusion statement and asked the panel of judges to postpone the hearing.

The defendant was charged under Article 340 of the Penal Code, which carries the maximum death sentence.

Judge HM Bhaedowie asked the prosecutor yesterday, "How long is the defendant going to be sick?" The question provoked laughter from the audience.

Nyo Beng Seng, alias Suyadi Dharmansyah, owner of the Irama Tara recording company, was stabbed to death at his second wife's mansion in Pluit, North Jakarta, in April 1994.

Beng Seng owned several massage parlors and nightclubs in Jakarta and organized gambling trips to exclusive locations in Malaysia, Hong Kong and Australia.

According to police, the murder was initiated by renowned gambler Hong Lie and other business rivals. A police arrest warrant has been issued for Hong Lie who is said to now reside in Singapore.

Upon the prosecutor's request, Judge HM Bhaedowie agreed to postpone the hearing but asked the prosecutor and lawyers to present three witnesses at the next hearing.

"These witnesses played important roles in the murder but both the prosecutor and the lawyers had only read their testimony, and the court found it confusing," he said.

The witnesses are Kiki Arianto, A Gun, and Hong Lie.

The judge said the court will ask the three to testify in person and in a face to face meeting with the judges, prosecutors and witnesses to find the truth of the matter.

The defendant's team of lawyers, Soedjono, Harjono Tjitrosubono and Teguh Samudera asked the court for a one week postponement. The prosecutor only asked for three days.

Outside the court, lawyer Soedjono said he was not sure whether Hong Lie could return to Indonesia for the trial. "But we are going to do our best to present the witness. We could make an agreement with the police not to arrest Hong Lie upon his arrival here."

The judge finally agreed to postpone the trial for one week.

Three people were imprisoned in August for involvement in the murder. Agiono and Atok are now serving 20 year and 15 year jail terms respectively. Tjen Piu was imprisoned for nine years last October for escorting the two criminals to the mansion. (12)