Wed, 14 Apr 1999

Judge bars witness in forensic expert's trial

JAKARTA (JP): West Jakarta District Court barred on Tuesday testimony from a witness named by Marthadinata's parents in their suit against forensic expert Mun'im Idries, who they claim revealed their murdered daughter's autopsy results.

Presiding judge Basoeki refused to allow testimony of Handoko Tjondro Putranto, a University of Indonesia forensic expert, who was presented by lawyer Frans Hendra Winarta. He cited concerns over neutrality.

"We will ask the Ministry of Health or Indonesian Medical Doctors Association to appoint an expert to testify in the case," Basoeki said.

He justified the refusal on the grounds that the defense would object to presentation of an expert witness by the plaintiffs.

Although a disappointed Frans repeatedly asked the court to examine the expertise and objectivity of Handoko, he failed to sway Basoeki.

He finally acceded to the judge's decision to summon another witness.

"According to the Civil Code, the plaintiffs should actively bring witnesses to prove their suit. The court would then determine whether testimony was true or not," Frans said outside the court.

He said that he called on Handoko to confirm that revealing autopsy findings violated a physician's ethical tenets on confidentiality.

Handoko also teaches ethics at the university, he added.

Frans was permitted to call Ita F. Nadia, coordinator of the Volunteers for Humanity group which counseled rape victims from last May's riots, and Munir, coordinator of the Commission for Missing Persons and Victims of Violence.

Ita told the court that she was informed by Mun'im that Marthadinata, also known as Ita, was sodomized when she was murdered on Oct. 9.

"Mun'im told me about the sodomy on the sidelines of a seminar. Our conversation was overheard by several reporters who then wrote the story."

Ita said Marthadinata, 18, helped her mother Wiwin Suryadinata, an activist in a volunteers group, collect signatures at her senior high school for a petition to support an investigation into the May rapes.

Munir testified that he visited the morgue at Cipto Mangunkusumo General Hospital on Oct. 10 and heard Mun'im talking to reporters about the autopsy.

"The following day, I protested Mun'im's statement about the sodomy. He should not have revealed the autopsy," he said.

Defense lawyer Warsito Sanyoto requested the court strike portions of the testimony from the record, contending it was irrelevant to the case.

Marthadinata's parents, Wiwin and Leo Haryono, and Mun'im were not present on Tuesday.

They are suing Mun'im for Rp 2 billion (US$228,571) in damages for bringing the family's name into disrepute.

Basoeki adjourned the trial until next week to hear further testimony.

Marthadinata was found dead from multiple stab wounds in her home in the Sumur Batu area of Central Jakarta. The next day, police arrested her neighbor, identified as Suryadi alias Otong, for the murder.

He is being tried at Central Jakarta District Court. (jun)