Sun, 22 Mar 1998

Court acquits Catholic priest and his brother

JAKARTA (JP): Bekasi District Court acquitted Catholic priest Ignatius Sandyawan Sumardi and his brother Benny Sumardi of charges of harboring activists accused of masterminding the July 27 riot in Jakarta in 1996.

Presiding judge Den Sjarfuni said in his verdict that providing shelter for the three activists was all well- intentioned and conformed with the Jesuit priest's humanitarian duties.

The help was extended in an emergency situation to people who feared for their safety and the defendants had no intentions that could be considered unlawful, Sjarfuni said.

The courtroom erupted into cheers when Sjarfuni finished reading the verdict. Sandyawan and Benny rose and hugged each other before they shook hands with the judges.

The state prosecutors said they would need time to decide if they would appeal the verdict.

Sandyawan, 39, and Benny, 45, were charged with harboring Democratic People's Party (PRD) chairman Budiman Sudjatmiko and activists Yakobus Eko Kurniawan and Petrus Hari Haryanto, who the authorities accused of masterminding the July 27 riot.

The riot erupted after a government-back faction of the Indonesian Democratic Party stormed the party headquarters, which was controlled by supporters of the democratically elected Megawati Soekarnoputri.

According to the National Commission on Human Rights, five people were killed and 23 went missing in the riot that left an extensive trail of damage.

Budiman and more than a dozen other PRD activists were jailed last year after the court found them guilty of subversion.

Sandyawan also leads a social institute called Institut Sosial Jakarta, which focuses its activities on helping the poor and the oppressed.

In previous trials it was disclosed that the activists sought shelter with Sandyawan but, later, he transferred them to Benny, a furniture businessman living in Bekasi.

Delighted by the verdict, Sandyawan's lawyer Luhut MP Pangaribuan said the judges' reasons for acquitting the brothers were "very good".

"I believe the judges listened to their conscience when making the ruling," he told The Jakarta Post.

The verdict should serve as a precedent for judges who handle cases of a similar nature, said Pangaribuan, who defended the accused with Suhana Natawilyana, Dwiyanto Prihartono and Abdul Hakim Garuda Nusantara.

Father Sandyawan said he was relieved the judges had listened to his arguments and used their moral judgment to make the verdict.

"I'm glad to learn that moral considerations could overcome legal arguments in our case," he told The Post by telephone.

He said the trial would not discourage him from helping the poor and the oppressed, adding that the verdict should inspire other judges to use moral considerations.

"We have endured all these troubles, terrors and tricks aimed at cornering us," he said. "But I believe the poor people we defend are more miserable than we are." (pan)