Murder trial could stop for lacking witness

JAKARTA (JP): The ongoing trial of Eng San for the murder of business rival, Nyo Beng Seng, is questionable, a criminal law expert said yesterday.

University of Indonesia's Loebby Loqman said the prosecution would find it impossible to produce key witness Hong Lie, who reportedly lives in Singapore.

The prosecution also wants Kiki Arianto and A Gun to testify at the trial. Kiki and A Gun have submitted written testimonies, reportedly through middlemen because the prosecutors' office does not know their whereabouts.

Nyo Beng Seng, alias Suyadi Dharmansyah, owner of Irama Tara recording company, was stabbed to death in his second wife's mansion in Pluit, North Jakarta, in April 1994.

Hong Lie is accused of masterminding the murder.

Police said the three witnesses were on their wanted list for involvement in the murder.

"Because police have them on their wanted list, it would be impossible for them to attend the trial," Loqman said.

He said police regulations required that people under police warrant arrest should be arrested immediately regardless of circumstance.

Last week, judge HM Bhaedowie demanded that prosecutor Andhi Nirwanto and defense lawyer Soedjono present the three witnesses to testify in person, because their written testimonies were unclear.

Judge Bhaedowie also said the prosecution's sentencing request would not be read until the witnesses appeared in court.

Loqman said it would be almost impossible to make Kiki appear in court. Kiki would be arrested by police as soon as his whereabouts was known, said Loqman. Therefore Kiki would not come forward.

Loqman said police had found it difficult to extradite Hong Lie and A Gun from Singapore because Indonesia had no extradition treaty with it.

"The most probable way to get the two witnesses' testimonies is to ask them to make statements in front of Singaporean law enforcers and their lawyers and then send the records, perhaps by video tape," Loqman said.

He said there was no guarantee they would give honest testimonies.

Soedjono had said after last week's trial that he would do his best to present the witnesses. He said he could get the police to agree not to arrest them. (12)