Judges say trial into murder of Papuan leader must go on

Judges say trial into murder of Papuan leader must go on

Ainur Sophiaan, The Jakarta Post, Surabaya

The panel of judges trying seven of the Army Special Forces
(Kopassus) personnel charged with killing Papuan proindependence
leader Theys Hiyo Eluay rejected on Friday a demand by the
defendants' lawyers to drop the case.

Presiding judge Col. E.M. Yamini and members of the panel Col.
Amirudin Rahim and Col. Suryono concluded that the charges
leveled against the defendants were legally acceptable and
therefore the trial would continue.

The defense lawyers, who include Ruhut Sitompul and Tomy
Sihotang, had objected to the charges, which they said were
unclear and confusing.

In his response, Yamini said the prosecutors had built their
case thoroughly and comprehensively so as to convince the judges
that the crime took place.

"Regarding the defense lawyers' question about reports that
Theys was left in an incapacitated state (after being suffocated)
by the defendants on the rear seat but was then found dead on the
middle seat would be one of the main subjects of their argument,"
Yamini said.

The judges will also hear the defense claim of the possibility
of another person or persons killing Theys because according to
the defense lawyers the Papuan Presidium Council chairman was
still breathing when the defendants admitted to leaving him in
the car, albeit near death.

According to the charges the defendants had been in Theys' car
and had restricted his breathing and physically restrained him.
However, the defense is now arguing that someone else must have
killed him in the end.

Theys was found dead in his Kijang van one day after he
attended a dinner party organized by a local unit of Kopassus in
celebration of National Heroes' Day on Nov. 10, 2001, in
Jayapura. Theys' driver, Aristoteles remains missing, presumed
dead but no charges have been leveled against anyone.

The session to hear the judges' opinion lasted only one hour.
The trial was adjourned until next week to hear testimony from
witnesses.

Chief prosecutor Col. Haryanto will bring in 17 witnesses who
would testify against the defendants. They include three military
soldiers and a police officer. Most of the witnesses to be
presented by the prosecutors come from Papua.

The soldiers charged in the high-profile murder case are
Jayapura's Tribuana Kopassus task force chief Lt. Col. Hartomo,
Capt. Leonardo, First Sgt. Asrial, Chief Pvt. Achmad Zulfahmi,
Maj. Donny Hutabarat, First Lt. Agus Suprianto and First Sgt.
Lorensius.