Prosecutors say Amrozi trial should continue

Prosecutors say Amrozi trial should continue

Wahyoe Boediwardhana, The Jakarta Post, Denpasar, Bali

Bali bomb trial prosecutors on Monday told the Denpasar District
Court to reject defense arguments that the indictment against
Amrozi had not met terms set by the law.

Prosecutors Urip Tri Gunawan said the trial should proceed as
the charges against Amrozi met both formal and material
requirements, while the defense argument had no solid basis.

"The defense is baseless so we ask the judges to continue the
trial and start the process of examining the charges," Urip said.

On the first day of the trial last Monday, Wirawan Adnan, who
heads Amrozi's nine-member defense team, demanded that the judges
drop the case because the 33-page indictment was "blurry" and
tainted with irregularities.

During the 45-minute session on Monday, the prosecutors
addressed all the objections presented by the defense, including
their claim that the indictment contravened the principle of
justice. The principle suggests that no action is considered a
crime and, therefore, punishable under the Criminal Code unless
certain laws or regulations, which specifically state the action
as a crime, have existed prior to the occurrence of the action.

Chief prosecutor Muhammad Salim said: "The retroactive nature
of the government regulation in lieu of law No. 1/2002, which was
later endorsed as the Law No. 15/2003 on Terrorism, is clearly
defined. Our judicial system also has accepted that retroactive
nature. Therefore, the charges we have filed over the defendant's
criminal action are legally acceptable although the action took
place before the enactment of the law on terrorism."

The charges were necessary to fulfill the public's demand for
justice, Salim said.

Soon after the prosecutors completed their response, Wirawan
Adnan asked the judges to be allowed to address the prosecution
response. However, presiding judge I Made Karna rejected the
request and adjourned the session until next Thursday.

The judges will decide whether to continue the trial or not
during the next hearing.

"I am disappointed with the judges' refusal to allow us to
directly respond to the prosecutors' argument," Wirawan said.

During the session, defendant Amrozi, who wore a light blue
shirt, green pants and a head cover, displayed his characteristic
composure. He was also seen bowing his head frequently.

Separately, prosecutor Muhammad Salim said the Bali
Prosecutor's Office would soon hand over the indictments of other
Bali bombing suspects Imam Samudra, Rauf, Andi Octavia, Andi
Hidayat and Junaidi to the court.

"By Friday this week, all the indictments and the suspects
will be handed over to the court," Salim said.

Concerning Imam Samudra, also allegedly involved in bombings
at Serang, and Batam, both places that did not fall under Bali's
jurisdiction, Salim claimed that the justice minister had allowed
the Bali Prosecutors' Office to probe the case.

Security at the second day of the hearing appeared relaxed
compared to the opening session last week, with only 400 officers
seen guarding the courtroom and its surrounding buildings.