Eurico's lawyers call for end to indictment

Eurico's lawyers call for end to indictment

JAKARTA (JP): Lawyers for Eurico Guterres in court on Tuesday
objected to charges that their client instigated a crime and
possessed illegal weapons, stating that the indictment was
obscure and should be set aside by the judges.

During a session to hear the defendant's rebuttals of the
charges in the North Jakarta District Court, lawyer Suhardi
Somomoeljono said that prosecutors had failed to clearly describe
the status and profession of Eurico who was stated as being
jobless in the indictment.

"By law, Eurico is a fighter, former deputy commander of the
East Timor Pro-integration Fighters (PPI) and his position has
been acknowledged by both the government and the UN. The failure
to cite the facts has obscured the charges so that the indictment
should not be accepted," he read out in rebuttal.

"We appeal to the court to issue a pretrial ruling accepting
our rebuttals and declaring that the indictment is invalid or at
least cannot be proceeded with by the judges," Suhardi told the
court which was presided over by Judge Suwardi.

The lawyers also objected to their client and other pro-
integration fighters being identified as militiamen by
prosecutors.

"There is no such thing as a militia," Suhardi said.

Suhardi also questioned the government's policy on deciding
the venue of the trial since the crime alleged to have been
committed by Eurico took place in East Nusa Tenggara where he
allegedly ordered his men to retake weapons which had been
surrendered to police officers during a weapons handover ceremony
on Sept. 24.

"The prosecutors have to clarify their reasons for moving the
venue because the last time we visited the province in December
last year, we considered the area to be safe," he argued.

Chief prosecutor Hamka Minhadj accused Eurico of violating
Article 160 of the Criminal Code for instigating a crime against
the government and Article 212 of the Code for refusing to obey
and attacking an officer of the law.

He was also charged with violating Article 1, Section 1 of
Emergency Law No. 12/1951 and Article 55, Section 1 of the
Criminal Code on the illegal possession of weapons.

However Suhardi argued that Eurico, as a pro-integration
fighter, should have the right to arm and defend himself from the
enemy.

Lawyers also called on the judges to show leniency as Eurico
has also been named as one of the 22 suspects in the mayhem which
swept the former Indonesian province in 1999.

"The separation of charges could lighten the
punishment...please give Eurico the chance to prepare himself
better to face the upcoming human rights trial," he added.

The one-hour-hearing was packed with dozens of Eurico's
supporters. Eurico's wife and three children who reside in
Atambua, also attended the hearing.

Security was tight as police were deployed around the
courthouse and those entering the courtroom had to pass through a
metal detector.

Wearing military fatigues, Eurico also sported a lei around
his neck.

"These flowers are from the PDI-P (Indonesian Democratic Party
of Struggle), to show that I'm innocent," Eurico asserted.

The court is set to reconvene again on Jan. 15.(bby)