Prosecutor seeks long penalty for Adiguna Sutowo

Abdul Khalik, The Jakarta Post, Jakarta

Prosecutors have promised to seek a long jail sentence for Adiguna Sutowo in the murder of Yohannes "Rudy" Berchmans Haerudy Natong at the Hilton Hotel's Fluid Club in the early hours of New Year's Day.

One of the prosecutors handling the case, Andi Herman, said prosecutors could demand a long sentence because the evidence, witnesses, laws and articles under which Adiguna would be charged were all clear.

"After we examine the case file carefully, we will decide for how long we will ask the court to put the suspect behind bars. However, we will seek over 20 years," Andi told The Jakarta Post on Sunday.

He said prosecutors would pore over the case file before deciding whether the case was ready to be taken to court or if it had to be returned to police for additional evidence.

Police announced on Friday that Adiguna, the younger brother of Ponco Sutowo, the owner of the Hilton, was being charged under Article 338 of the Criminal Code on murder with intent, and Article 1 of Emergency Law No. 12/1951 on illegal gun ownership.

Several legal experts have questioned the decision to make the illegal gun possession charge, which carries a maximum punishment of 20 years in jail, the secondary charge. The primary charge is murder with intent, which carries a maximum punishment of 15 years.

Andi said prosecutors could still make illegal gun ownership the primary charge.

"We will discuss the charges. It is true that illegal gun possession carries a longer punishment. However, the length of punishment is not the only consideration, and the murder charge is more resounding to the public," he said.

Andi said people should not be concerned that Adiguna might receive a lenient punishment, and that prosecutors would do everything in their power to prove both charges.

Police earlier said the charges against Adiguna were based on several items of evidence, including the gun allegedly used in the shooting and 19 bullets found in Adiguna's hotel room, as well as testimony from several witnesses, including Wwn, who turned in the gun to police, and Novia "Tinul" Herdiana, Adiguna's female companion the night of the shooting.

Police said at least five witnesses had testified to seeing Adiguna pull the trigger.

Forensic tests showed that the bullet that killed Rudy matched the bullets found in Adiguna's hotel room, and confirmed that the projectile was fired by the gun handed in by Wwn.

However, police were unable to find Adiguna's fingerprints on the gun or the bullets.

Separately, Jakarta Police spokesman Sr. Comr. Tjiptono said police would continue to investigate Adiguna's alleged use of drugs.

"We are still collecting evidence and waiting for more laboratory results," he said.

Police announced earlier they also would charge Adiguna under Article 59 of Law No. 5/1997 on psychotropic drugs, which carries a minimum punishment of four years in prison.

Laboratory tests found traces of psychotropic substances in Adiguna's blood on the night of the shooting.

Evidence and potential problems in Adiguna's case
No. Evidence Problems
1. Gun allegedly used in the shooting Adiguna's fingerprints not found on gun or bullets

2. 19 bullets found in Adiguna's room No other evidence that can connect Adiguna with the shooting except witnesses

3. Witnesses saw Adiguna shoot Rudy Situation inside the club was hectic and it was dark, and most witnesses except maybe Tinul can be dismissed as credible witness. Witnesses can also change their testimony.

4. Forensic tests confirmed bullet that killed Rudy identical with bullets found in Rudy's room and bullet came from gun handed in by Wwn Adiguna can deny gun possession