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Police team likely to bear blame in accidental deaths

| Source: JP

Police team likely to bear blame in accidental deaths

Damar Harsanto, The Jakarta Post, Jakarta

The police team who were at the scene of Monday's shooting in
which stray bullets killed two young girls, and injured the
mother of one of them in the Taman Sari area of West Jakarta,
might have to bear the blame for their failure to anticipate the
incident.

"Every police team must hold a briefing before any
operation... In the Taman Sari case, the police team did not hold
any briefing. That's why all team members might have to take the
blame in the incident," said Jakarta Police spokesman Sr. Comr.
Prasetyo.

The police team was chasing alleged drug dealers when First
Brig. Budi, one of the team members, mistakenly shot Ina
Surtianah, 12, and Eli, a three-and-a-half-year-old toddler, and
injured Eli's mother Mela Taskina, 28.

The team was led by First Insp. Heru Julianto, while the team
members were First Brig. Mifil Rifadas, First Brig. Arman, Chief
Brig. Emirsyah, Brig. Aang Kaharudin, and First Brig. Budi.

Prasetyo said a detailed briefing prior to any police
operation had to be made to assign each team member their
specific role.

"The briefing must include what the team will do in the worst-
case scenario," said Prasetyo, adding that in most cases for
reasons of urgency and speed, the briefing is done on the way to
the scene.

In the case of the Taman Sari fatal shooting, Prasetyo said,
the team did not hold the briefing. "That's why the incident
occurred, and that's also why we will ask all team members to
bear the blame."

According to Law No. 2, 2002 on police, a police officer who
commits any criminal offense, will be tried as an ordinary
civilian.

"Those police officers can be charged under Criminal Code
Article 359 on negligence that leads to death. The charge carries
a maximum sentence of five years in prison," Prasetyo said.

In addition, those police could also be discharged from the
police force. "The verdict is in the judge's hand."

Despite the police' promise to bring the case to court,
Sukarman, Ina's father expressed doubt that the police would keep
their promise.

"There is no point, as poor people like us will never see
justice done... I won't sue them (the policemen)," said the
public minivan driver.

Witnesses at the scene said earlier that First Brig. Budi was
firing like a mad cowboy when some stray bullets from his pistol
hit three bystanders.

Prasetyo also admitted that such incidents, were mainly due to
the unstable psychological state of the police officer in
question.

"Most of the incidents where people are hit by stray bullets
are related to the officer's psychological condition rather than
a technical failure," remarked Prasetyo.

Prasetyo explained that a policeman or policewoman must
undergo a series of psychological tests and target practice every
six months.

"But, we acknowledge that such requirements bring no guarantee
a policeman won't do anything wrong on the job. Real situations
in the field, in most cases, play a significant role," Prasetyo
said.

The police use their discretion based on the actual situation,
to decide whether or not to open fire, Prasetyo said.

Cases of accidental shootings in Jakarta:

Date Victim
Feb. 28, 2001 Yudianto, 31 was shot dead by a stray bullet

by a West Jakarta Police detective. Case

unresolved.

June 26, 2001 Cecep, 21, was shot dead by a stray bullet fired

by First Brig. Dongar Panjaitan who was chasing

two alleged pickpockets. Case unresolved.

July 17, 2001 First Brig. Kurniawan misfired and hit Iwan, a
resident of Pejaten Timur, South Jakarta in the back.

March, 14, 2002 Yuli Anggraeni, 14, was accidentally shot

by an officer who was trying to break up a

student brawl on Jl. Gebas, Ciracas, East Jakarta.

Case unresolved.

Nov, 12, 2002 Maido Saut Gabe, 19, was injured in his right hand

by a stray bullet while playing chess in

Ciracas, East Jakarta.

Aug. 26, 2002 Ali Wardani Tambunan alias Pinayungan was
accidentally shot by Second Brig. Winarto on Jl. Kalimalang,
Bekasi.

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