Lawyers want Nipah case dismissed

SURABAYA (JP): Military lawyers defending the four soldiers on trial for the fatal shooting of four Madurese farmers in 1993 said their clients' testimonies were given without the presence of legal counsel and the case should therefore be dismissed.

Lt. Col. CHK Teddy Tengko told a panel of judges during the second session of the military tribunal here yesterday that the statement of his client, Second Lt. Sudjak, is invalid and could not be used against him.

"His affidavit is not valid, either materially or formally," Teddy said in a court room full of visitors, mainly villagers from Nipah, Madura Island, East Java.

Sudjak is one of four officers being tried for the deaths of four civilians, who were killed during a clash between Nipah residents and military officials over the planned appropriation of the residents' land for the construction of a dam.

Lawyers for the three other defendants also presented similar objections yesterday.

Teddy said that the absence of a counselor during the questioning was a violation of criminal code procedures, which also apply to military tribunals.

He said there were several incongruities in the prosecution's statement, including the time of the incident.

According to Teddy, the prosecution stated that at 7:30 a.m on Sept. 25, 1993, Sudjak briefed his 19 subordinates on what to do should a clash occur with residents.

By 8:00 a.m., said the prosecution, Sudjak had reached the site of the clashes.

"That's impossible," Teddy said, asserting that the briefing would have taken at least 15 minutes, leaving only 15 minutes for Sudjak to rush to the site located quite a distance away.

"Only superman could have crossed that distance in 15 minutes," he remarked.

Teddy closed his argument by asking the court to consider how the case is hurting the image of the Armed Forces.

The military tribunal continues today and is expected to conclude by the end of the month. (15/mds)