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.