Sat, 09 Aug 1997

Eng San free after court overturns his verdict

JAKARTA (JP): Businessman Hasan, alias Eng San, walked out of the Salemba Detention Center yesterday after the Jakarta High Court overturned a guilty verdict against him in the murder of rival businessman Nyo Beng Seng.

Eng San's lawyers, Soedjono and Teguh Samudera, were at the prison to greet him.

Eng San was convicted at the North Jakarta District Court in June for persuading others to kill Nyo Beng Seng two years ago. He was found guilty of conspiracy to murder and sentenced to 17 years imprisonment.

Soedjono hailed the high court's ruling, saying his client's fight for justice "has finally paid off".

The high court accepted the points raised by the defense, which had been rejected by the lower court, he said.

The defense argued that the evidence against their client was circumstantial and based on hearsay.

None of the 15 witnesses presented by the prosecution said they saw Eng San discussing the alleged plot to murder Nyo Beng Seng.

"The witnesses only said that they had heard about the plan from someone else," Soedjono said.

The high court also rejected the controversial written testimony of Kiki Arianto, who is wanted by the police in connection with the murder.

The prosecution insisted on the validity of Kiki's testimony which it obtained through correspondence.

Eng San's lawyers argued that the testimony, which said Eng San asked Kiki to hire people to kill Nyo Beng Sen, was inadmissible, but the lower court accepted it nonetheless.

The defense lawyers also presented written testimonies from two fugitives, businessmen A Gun and Hong Lie, which were accepted by the lower court.

Three people are currently in jail for the murder.

Agiono and Atok, are serving 20 years and 15 years respectively, for the killing, while Tjen Piu is serving a nine year term for being an accessory. He was convicted of escorting the two killers to the victim's home. (12)