Defendants in Trisakti case plead not guilty

JAKARTA (JP): Defense lawyers in the Trisakti University shooting case insisted yesterday that prosecutors had failed to prove that an order to shoot into the crowd given by the defendants was an "indisciplinary act".

They therefore demanded that the military tribunal drop the charges against Company Commander First Lt. Agus Tri Heryanto and Platoon Commander Second Lt. Pariyo, both from the Jakarta Police Mobile Brigade.

The defendants were charged with indiscipline under Article 103 of the Military Penal Code. The charges carry a maximum sentence of two years and four months in prison.

The head of the team of defense lawyers, Adnan Buyung Nasution, said the prosecutors' case had been badly prepared and the charges could not be proven.

Four Trisakti University student demonstrators were killed when security officers shot into the crowd outside the university's campus on May 12. The incident triggered massive rioting in several major cities across the country.

"It is stated clearly in the indictment that police only used blank cartridges, rubber bullets and tear gas to disperse the crowd. Why then have the defendants been linked with the deaths of the four Trisakti students when it has been confirmed that they were killed by live rounds of ammunition?" Buyung said.

Although the indictment was later revised it still contained a second flaw, he argued, namely that the defendants were charged with violating their superior's orders while in fact the accused had given the order to open fire on their own initiative.

Defense lawyers also reiterated that the trial had so far not looked into who actually killed the four students.

"Odd things have occurred. For instance, why was the body of victim Heri Hartanto dug up after the trial was already in process?

"Why only then did the investigators conduct an autopsy and search for bullets to match against weapons and find the real killers, whom they believe were subordinated to these two officers?" Buyung said.

Defense lawyer Rudy Lontoh also questioned why the court did not consider the testimony of Maj. Bayu from the police information department, who said that unidentified troops were involved in the shooting.

First Lt. Agus and Second Lt. Pariyo, both from the city police Mobile Brigade, read out their own personal defense.

They said their subordinates were not responsible for killing the four students because they were not armed with live ammunition.

"I'm terribly depressed because people believe we are responsible for the death of the student.

"People have condemned us as killers. I tell you Your Honor... it hurts. I was doing the best I could and still I stand accused. What about the others who did not follow the rules but have not been taken to court?" Agus said. (edt)