Prosecutors insist 'Tempo' journalists committed libel

Prosecutors insist 'Tempo' journalists committed libel

The Jakarta Post, Jakarta

The prosecution is holding firm to its charges that Tempo
journalists, Ahmad Taufik and Teuku Iskandar Ali, defamed well-
connected businessman Tomy Winata and provoked public unrest
through an article carried by the weekly titled Is Tomy in
Tenabang?.

In reply to defense arguments, prosecutor Robert M. Tacoy told
a hearing on Thursday at the Central Jakarta District Court that
the defendants had committed libel as they failed to clearly
explain why they referred to Tomy as a "big scavenger" in the
article, which was published in Tempo's March 3 to March 9, 2003,
edition.

The prosecution also said that the defendants had published
false information as Tomy, Central Jakarta Mayor Hosea Petra
Lumbun and PD Pasar Jaya director Syahrir Tanjung all testified
under oath that they had never been interviewed by Tempo
reporters.

Tomy filed a libel complaint against the two journalists and
Tempo's chief editor, Bambang Harymurti, over the article, which
insinuated that Tomy was involved in the fire that gutted part of
the Tanah Abang textile market on Feb. 19, 2003.

The prosecution has demanded two years in jail for each of the
defendants for violating Article 14 of Law No. 1/1946 by
publishing false material liable to incite public unrest, and
Articles 310 and 311 of the Criminal Code on defamation.

Tempo, meanwhile, has reported Tomy and Hosea to the police,
saying that they committed perjury during the trial. The
magazine's arguments are backed up by tape recordings of the
reporters' interviews with Tomy and Hosea, and printouts from
state telecommunications provider PT Telekomunikasi Indonesia,
apparently showing that calls were placed by Tempo to the two
men.

Concluding its replies to the defense submissions, the
prosecution said that these were irrelevant as they mostly
concerned matters not immediately connected with the case being
heard.

"Their argument that we have wrongly charged them with
publishing false material instead of publishing obscure material
is merely an attempt to distract the court," Tacoy said. "The
point is, the more arguments the defendants adduce, the clearer
it becomes that they are guilty as charged."

The prosecution further said that it had not used Law No.
40/1999 on the press to prosecute the defendants as this law did
not specifically deal with the publishing of false information or
defamation.

Presiding judge Soeripto adjourned the trial until Sept. 6 to
hear final defense pleas before the handing down of the verdict.
On the same date, the court will also deliver its verdict on
Bambang, whose case is being tried separately.