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."