Indictment in Trisakti shooting upheld

JAKARTA (JP): Prosecutors at the court martial of two police officers accused of committing an indisciplinary act during the Trisakti shooting incident upheld their indictment during yesterday's hearing.

Col. Sadji Purnomo and Capt. Bambang Ari Wibowo, who read out the indictment in turn, said the two defendants had ordered their subordinates to open fire without proper authorization from their superior, West Jakarta Police chief Lt. Col. Timur Pradopo.

They asked the military court to sentence First Lt. Agus Tri Heryanto and Second Lt. Pariyo, both from city police Mobile Brigade, to 10 months and seven months in prison respectively.

The two were charged under Article 103 of the Military Penal Code which carries a maximum sentence of two years and four months imprisonment.

"It is clear that their action (the order to open fire) was based on their own judgment, not their superior's order.

"The defense team insist that the two officers acted in accordance with the Police Guidelines for Handling Protests and Riots No.05/IV/1994, which permits them to open fire in a life threatening situation," Sadji said.

"However, according to Julianto Hendro Cahyono (the Trisakti Student Senate Chairman) and Ari Gunarsa (head of the Trisakti campus authority) who witnessed the event, the bamboo and rocks thrown at police during the May 12 incident came only after the crowd had been fired upon, not before.

"The situation at that time could not be considered life threatening," Sadji concluded, adding that the officers therefore had no grounds upon which to order their men to open fire.

The prosecutors said that Agus did not order the use of tear gas to disperse the crowd.

"The order (to fire tear gas) was given by Timur Pradopo. If the Mobile Brigade had fired tear gas, the crowds would have dispersed without shots being fired," Sadji said.

The absence of defense team leader Adnan Buyung Nasution was questioned by presiding judge Col. Sudji Suradi. Buyung's colleague O.C. Kaligis replied that he was ill.

Speaking after the hearing, Kaligis said the prosecutors presented nothing new in their statement.

"I think the prosecutors are still pushing the indictment even though there has been no significant evidence against the two defendants presented in this trial," Kaligis said.

He also said that it was now up to the judges to rule on the case. "But we will fight to the end." he added.

Meanwhile, head of the National Police Law Agency Brig. Gen. Anwari told the media that the case had been defective from the first time it was brought before the military tribunal.

He argued that the trial process had been inconsistent because the police report on the two defendants used in the trial discussed the fatal shooting of four Trisakti students and the injuries inflicted on several others.

"But the two officers were charged with committing an indisciplinary act because there was no evidence that they had caused the death of the four students. That is ridiculous!" Anwari said.

"I just hope that in this so called 'era of reform', justice will prevail," he added.

The court was adjourned until Monday, when the defense team will reply to the prosecutors' statement. (edt)