Judges turn down Bintang's defense

Judges turn down Bintang's defense

JAKARTA (JP): The Central Jakarta District Court ruled
yesterday to proceed with the trial of controversial politician
Sri Bintang Pamungkas, who has been charged with insulting
President Soeharto.

Presiding Judge Syoffinan Sumantri dismissed the arguments
presented by Bintang and his lawyers that there were procedural
violations in the way the defendant, a member of the House of
Representatives, was questioned and interrogated by the police.

"We have decided to reject the statements of the defendant and
his lawyers and to go on with the trial," said judge Syoffinan
Sumantri.

The judge added that the prosecutors' charges are in
accordance with the guidelines stipulated in article 143 of the
Criminal Code Procedures. "The charges completely and clearly
describe the crimes. They are in line with the results of the
police investigation," he added.

Bintang claims the police never furnished him with a letter
from the President approving the interrogation, which is required
by law for all House members implicated in a crime.

However, the government prosecutors insist that the letter was
issued, a claim the court supports.

The judges also defended the government's stance on freedom of
speech and expression, as stipulated in article 28 of the 1945
Constitution and the United Nations declaration on human rights.

"The government will not prohibit every Indonesian citizen
from speaking and voicing criticism as long as it is done in a
healthy manner and does not provoke hatred," judge Syoffinan
said.

Bintang was formally removed from the House in May at the
instigation of his own party, the United Development Party. With
his removal, he lost all privileges accorded to House members.

He will soon be tried for insulting President Soeharto during
one of his lectures before Indonesian students in Germany last
March. If found guilty, he could be sentenced to a maximum of six
years imprisonment.

The trial is but one of the three court battles Bintang is
currently fighting against the government. (imn)