Tue, 24 Sep 1996

Lawyers demand acquittal of client

JAKARTA (JP): The defense lawyers of a man charged with murdering the owner of a recording studio asked the North Jakarta District Court yesterday to acquit him of all charges.

"Our client is accused of complicity with two other men in the murder of the late Beng Seng," said Tommy Sihotang, the leading counsel for the defense, "so, to prove the allegations beyond reasonable doubt whether TP, alias Opiu, was involved in the murder, the prosecutor should have presented the two key witnesses to testify."

Nyo Beng Seng was killed in his mansion in Pluit, North Jakarta. Also known as Darmansyah Sujadi, Beng Seng was the owner of a leading recording company, PT. Irama Tara, and several massage parlors and night clubs in Jakarta.

The businessman was stabbed to death with a samurai sword. His death drew much public attention because it was widely believed to have been linked to fierce competition in the entertainment industry.

Police believe the murder was masterminded by renowned gambler Hong Lie, who is still at large. He denied being involved in the murder at a press interview in Singapore last year.

The two key witnesses, Agiono bin Syafran and Sudartono, alias Atok, were sentenced to 20 years and 15 years imprisonment respectively in August last year.

Prosecutor Muhammad Yusuf told the court in earlier sessions that he did not call the two witnesses to the trial because they were imprisoned in Nusa Kambangan, a prison island off the coast of Central Java.

Defense lawyer Tommy Sihotang said the prosecutor had recited the testimonies given by the two witnesses to the police instead of hearing the witnesses' testimonies in court.

"Article 185(1) of the Criminal Code Procedures dictate that witnesses' testimonies are those given in court, not those given to the police," Tommy said.

He then presented a letter from one of the witnesses in Nusa Kambangan claiming that Opiu had nothing to do with the murder.

Prosecutor Yusuf had told the court that Opiu drove Agiono to Beng Seng's mansion on April 7, 1994, and gave him Rp 5 million (US$2,200). He said that Agiono used the money to purchase a motorcycle on which he escaped after the murder a week later.

Yusuf accused Opiu, of violating Article 56 of the Criminal Code which states that anyone who helps another party to commit a capital crime is liable to a maximum of 15 years imprisonment.

When asked to rebut the defense lawyers' statement, Yusuf said he maintained his earlier sentencing demand.

Judge Suwardi adjourned the trial for two weeks to prepare the verdict. (26)