Lawyers object to prosecution of Airborne unit soldiers
Apriadi Gunawan, The Jakarta Post, Medan
The lawyer team representing 19 members of the Airborne unit who face a total of 47 years and 10 months imprisonment over their involvement in the Binjai attacks, objected to the prosecution because the prosecutors had no evidence that their client had used firearms during the incidents.
"The prosecutors also failed to provide evidence to prove whether or not our clients violated Emergency Law No. 1/1965 regarding the right of soldiers to use arms.
"Based on witness testimonies, all soldiers have to wear their uniform, as well as carry their weapons, once they hear the sound of an alarm signaling a dangerous situation," Major B. Zebua, a member of the lawyers' team, told a tribunal session here on Monday.
Prosecutors in the previous session sought a total of more than 47 years for the 19 defendants, and said they were proven guilty of using their arms to launch two attacks on the police station in Binjai and the Mobile Brigade headquarters on Sept. 28 and Sept. 29 respectively, killing 12, including three civilians.
Zebua, however, conceded that the defendants launched the attack on the police station, but underlined that "the defendants must be acquitted of the charges because one of the charges is groundless and has no evidence."
"Therefore, we request the panel of judges reject all charges against the defendants," Zebua said.
Former Bukit Barisan Military commander Maj. Gen. Idris Gassing said the attack was initiated by Chief Pvt. Rahmat, who was upset about the arrest of a civilian colleague for drug possession.
Rahmat wanted his friend freed but the police at Langkat, where the drug trafficker was detained, refused to do so. Angered by the officers' refusal, Rahmat called on a number of fellow soldiers to attack the police station.
Later on, the Army replaced Idris with Maj. Gen. Tritamtomo, while 20 soldiers, believed to be responsible for the attack, were discharged immediately for violating the military's code of ethics.
Earlier, prosecutors divided the charges into two dossiers. In the first, involving nine soldiers, the prosecutors accused the defendants of violating Article 351 of the Military Law, which threatens a jail sentence ranging from 10 months to three years.
The remaining 10 soldiers were included in the second dossier. The defendants are accused of violating Article 1 of Emergency Law No. 12/1951 and Article 179, line 1, of the Military Law, threatening three years and six months imprisonment.
The prosecutors also demanded the tribunal discharge the 19 soldiers from military service.
The trial was adjourned to Thursday to hear the response of prosecutors.