Fri, 03 Jun 2005

Lawyers maintain Adiguna's innocence

The Jakarta Post, Jakarta

On the final day of his trial, lawyers of businessman Adiguna Sutowo maintained on Thursday their defendant was innocent of murder and urged the judges to acquit him.

"We still reject the state prosecutors' charges and we'll stick to our defense statement that Adiguna is innocent and he should be acquitted from all charges," Adiguna's chief lawyer Mohammad Assegaf told the Central Jakarta District Court.

Adiguna is charged with killing bartender Johanes Berchmans Haerudy (Rudy) Natong at the Hilton Hotel, owned by Adiguna's brother Ponco Sutowo, on Jan. 1.

Thursday's trial was the final session for the defense before the panel of judges is expected to deliver its verdict on June 16.

Adiguna has consistently denied involvement in the killing despite the fact that his lawyers have submitted a letter seeking leniency for Adiguna from Rudy's father.

During Thursday's trial, the lawyers pointed at conflicting statements by witnesses, whose testimonies have been used by the prosecutors to demand a life sentence for the businessman.

"We believe there are too many conflicting testimonies. On the shooting incident itself, (a witness) Werner Saferna said Adiguna handed over the gun to him after a few seconds, while Cut Nina said that the defendant hid his gun in his pocket after shooting Rudy," Amir Karyatin, one of Adiguna's lawyers, said.

Amir said that such conflicting testimonies should not be used to charge the defendant.

"It shows that the charges are speculative."

Amir said prosecutors had also failed to prove that a quarrel occurred before the shooting.

"None of the witnesses saw the defendant quarreling with the victim. Only Cut Nina heard someone say 'stop it, stop it' without being able to identify who was arguing. If a quarrel can not be proven, then the defendant had no reason to kill the victim," Amir said.

The lawyers asked the judges to consider that the prosecutors' charges were unfounded.

Before adjourning the session, the judges permitted Adiguna to undergo minor surgery for sinusitis, allowing the defendant to be hospitalized for four days as requested by doctors of the M.H. Thamrin Hospital, who had earlier examined his health.

"In the name of humanity, we, the judges decide: First, to allow the defendant to be hospitalized starting from June 2 until June 6; second, during the hospitalization, we instruct state prosecutors to guard the defendant."

"And third, the defendant must be returned to his cell in the Salemba Penitentiary on June 7," presiding Judge Lilik Mulyadi said, reading out the court's decision.

Observers say the verdict in the high-profile trial, which has drawn the attention of President Susilo Bambang Yudhoyono, will test the courts' independence in trying powerful and wealthy businessmen.