Fri, 06 Sep 1996

Kramatdjati driver gets 18 years for 31 deaths

BOGOR, West Java (JP): The Bogor District Court handed down an 18-year jail sentence yesterday to the driver of a Kramatdjati intercity bus whose negligence caused the death of 29 passengers and two others in March.

Presiding Judge Usman Wahab said the defendant, Agus Arifin bin Yacob, 39, was guilty of violating articles 338 and 351 (2) of the criminal code on deliberate murder and mistreatment.

"The defendant's right to possess a driver's license will also be withdrawn for a 15-year period after he serves the jail term," the judge said.

"That is the verdict the panel of judges believes to be appropriate for your offenses," Judge Usman told the defendant, who looked gloomy and desperate after hearing the verdict.

Agus' speeding bus slammed into three stationary cars on the Jagorawi toll road on March 23. The bus caught fire and 29 of its passengers burned to death inside. The two other victims were passengers of the stationary cars.

"The fact the defendant did not try to help the passengers by pressing the button to open the hydraulic door of the bus when it caught fire is one of factors which makes the punishment heavier," the judge said.

The sentence is three years longer than the one demanded by public prosecutor Yono Salim in the previous session.

"The heavier punishment will become a warning to drivers, especially those of public transport vehicles, to pay more heed to traffic regulations and people's safety," the judge said.

The Kramatdjati bus left East Jakarta's Kampung Rambutan bus terminal for Bandung at 8:30 a.m. on March 23.

Conductor

Quoting the bus conductor, Ade Sofyan bin Jubaidi, Judge Usman said the speeding bus began veering left as it entered Cibubur, East Jakarta. The conductor took the witness stand in August.

The judge reminded the court that Agus had taken sedatives before driving.

Agus had admitted taking two barbiturate pills, locally called Nipam, before driving.

The defendant ignored the conductor's request to drive more carefully. The judge said the conductor's leg was broken when he was thrown from the bus.

Quoting another witness, the judge said the speeding bus had zigzagged uncontrollably before a deafening crash was heard while the bus came to an abrupt halt.

Unlike in previous sessions, the courtroom yesterday was crowded with visitors. The hearing was also broadcast live by privately-run ANteve.

The defendant's lawyer, Monang Saragih, told reporters after the hearing that he would appeal against the sentence because it was higher than the sentence demanded by the prosecution.

Noted lawyer Luhut Pangaribuan told The Jakarta Post in a separate interview yesterday that the judge had a right to hand down a higher sentence.

In May 1995, the North Jakarta District Court sentenced a Metro Mini bus driver, Ramses, to 15 years imprisonment for reckless driving. His bus plunged into Sunter River and 33 passengers died in the muddy river. (21/sur)