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)