Gunawan sentenced to death

Gunawan sentenced to death

Urip Hudiono, Jakarta

The North Jakarta District Court sentenced on Thursday defendant
Gunawan Santosa to death for masterminding the murder of PT Arena
Sarana Bakti (Asaba) president director Boedyharto Angsono and
his Army's Special Forces (Kopassus) bodyguard Second Sgt. Edi
Siyep on July 20, 2003.

Presiding judge I Wayan Padang Pudjawan read out the verdict
that Gunawan was found guilty of violating Article 340 of the
Criminal Code on premeditated murder, by instructing four low-
ranking marines to shoot his ex-father-in-law Boedyharto and Edi
at the Sasana Krida sports hall in Penjaringan, North Jakarta.

Judge Wayan explained that testimonies from the four marines
-- Suud Rusli, Syam Ahmad Sanusi, Fidel Husni and Santoso
Subianto -- revealed that the defendant had previously met with
them on the night of July 16, 2003. In the meeting, Gunawan told
them he wanted to avenge Boedyharto for making his life
miserable. He then asked Suud to kill Boedyharto for him and
helped survey the sports hall prior to the shooting.

"The defendant and his four accomplices were aware of, and had
time to think over and cancel their plan, but they did not,"
Wayan said. "It shows the defendant deliberately planned the
murder."

The judges also found Gunawan guilty of violating Article 55
of the Criminal Code for persuading others to commit a crime, by
promising beforehand, and paying the marines Rp 4 million
(US$425) in total after the shooting.

Wayan said the court took into consideration that the
defendant did not admit his crime and had broken the law several
times.

"The defendant is also a fugitive and attempted to escape
during the trial, and is involved in other cases, including the
attempted murder of Asaba finance director Paulus Tejakusuma and
the illegal possession of firearms," he said.

Gunawan had escaped from Kuningan Penitentiary in Cirebon,
West Java, where he was serving time for embezzlement. In March,
he attempted to escape while being transported from the Salemba
Penitentiary to his trial at the district court.

The judges found no mitigating factors in Gunawan's favor.

"The court finds the defendant guilty of all charges against
him, and sentences him to death," Wayan said, to the gasps and
murmurs of the audience at the court.

Gunawan showed no particular emotion upon hearing the verdict,
and simply said he would file an appeal.

Gunawan's lawyer, Alamsyah Hanafiah, said after the trial that
his client would appeal because the court had refused his request
to hold a joint trial with the military for the case, and refused
to take into consideration the fact that the four marines had
retracted their previous statements for the case file.

The four marines had been court martialled for the murder and
discharged from their corps.

Prosecutor Andi Herman said he was satisfied and would accept
the verdict.

Gunawan was immediately escorted by police and court security
officers to a paddy wagon after the trial. Trying to smile, he
declined to comment on the verdict and merely said: "One's life
and death is in the hands of God."