Thu, 06 Mar 1997

Lawyers want client exonerated

JAKARTA (JP): Defense lawyers for a lawyer on trial for defaming a minister said yesterday the court had no legal authority to try their client.

In a ten-page objection to the prosecutor's indictment, Luhut Pangaribuan, Paulus R. Mahulette and Rita Olivia said that in this case, the defendant, Heri S. Kolopaking had been acting in his capacity as a lawyer representing his client.

The indictment said the defendant had spread false information about what he called the illegal selling of a piece of land belonging to his clients by Akbar Tanjung last year.

State prosecutors Uri Hasan Basri and Rosmanida said the defendant told a press conference in April 1996 that Akbar had sold the land without the permission from the owners.

The defense lawyers said yesterday their client was representing his client at the press conference.

"According to the law on advocates and lawyers, the judge has no authority to reprimand advocates/lawyers who act improperly while defending their clients in court," Luhut said.

The defendant is a member of Ikadin, the advocates association, and its code of ethics say the association's honorary council is the appropriate body to take action against members found violating the rules, Luhut said.

"No body or organization has the right to punish an advocate, but the honorary council," he said.

Therefore the court had no authority to try the defendant, his lawyers said.

The trial was adjourned until next week. (sur/05)