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)