Prosecutors review Ba'asyir case file

Prosecutors review Ba'asyir case file

Abdul Khalik, The Jakarta Post/Jakarta

State prosecutors are reviewing the case file of terror suspect
Abu Bakar Ba'asyir for any flaws that could hamper them from
trying the Muslim cleric for his alleged role in last year's JW
Marriott Hotel bombing here.

Spokesman of the Attorney General's Office (AGO) Kemas Yahya
Rahman said on Wednesday it would take the prosecutors a few days
to decide whether the case file was adequate to take Ba'asyir to
court.

"We signed the case file before the Constitutional Court
annulled the retroactivity of Law No. 15/2003 (on terrorism)... I
believe there will be no more problems, because the police have
made several adjustments accordingly," said Kemas.

The Constitutional Court ruled last month that Law No.
16/2003, which regulates the retroactive use of Antiterrorism Law
No. 15/2003 against suspected Bali bombers, was unconstitutional.
The ruling forced the National Police to assemble more evidence,
question more witnesses and change the charges leveled against
Ba'asyir.

The 65-year-old cleric had previously been accused of
responsibility for the bombings of two nightclubs in the tourist
area of Kuta, Bali, on Oct. 12, 2002, which left at least 202
people dead.

Police said Ba'asyir was the alleged mastermind of the Aug. 5,
2003, Marriott Hotel attack, which claimed 12 lives, although he
was detained a few weeks after the Bali blasts.

Ba'asyir could face the death sentence if convicted.

The South Jakarta District Court has convicted 12 suspects in
the Marriott case with sentences of between three to seven years.
Another suspect, Johny Hendrawan, alias Idris, is standing trial
for his alleged role in the attack.

None of the suspects have testified to Ba'asyir's role in the
bombing.

Police are still hunting down Malaysian nationals Azahari
Husin and Noordin Mohammad Top, the key suspects in the case.

Ba'asyir was tried last year on terror charges, but the
prosecution lacked hard evidence and the court subsequently found
him guilty of only immigration offenses and forgery. After an
appeal to the Supreme Court, Ba'asyir was given an 18-month
imprisonment, most of which had been served in detention during
the court process.

National Police chief of detectives Comr. Gen. Suyitno Landung
Sudjono said the cleric had helped plan the hotel bombing in his
capacity as the leader of regional terror network Jamaah
Islamiyah (JI). Suyitno said Ba'asyir could have planned the
attack before his arrest in connection with the Bali attacks.

The JI is a UN-listed terrorist organization blamed for the
Bali and Marriott bombings, and is believed to have ties with
Osama bin-Laden's al-Qaeda group.

Police have connected Ba'asyir to the JI through a document
that allegedly showed he had inducted many recruits to the terror
group a few years ago at Hudaibiyah camp in the southern
Philippines.

The police found a separate document during a raid last year
on a house on Jl. Sri Rejeki, Semarang, that identified Ba'asyir
as JI leader.

Ba'asyir was taken back into custody in April, almost
immediately after he had completed his term for immigration
offenses, triggering a clash between supporters and the police
that left more than 100 people injured.