Psychologist testifies 'Tempo' story hurt Tomy

Psychologist testifies 'Tempo' story hurt Tomy

M. Taufiqurrahman, The Jakarta Post, Jakarta

An expert witness told the Central Jakarta District Court that
the first two paragraphs of an article published by Tempo
magazine last year had insulted a well-connected businessman.

Psychologist Sarlito Wirawan Sarwono told the court on Monday
that the paragraphs, which likened Tomy Winata to a scavenger,
would leave a lasting impression.

The article, which was titled Ada Tomy di Tenabang? (Is There
Tomy in Tanah Abang), was published after a fire gutted the
biggest textile market in town, in Tanah Abang, Central Jakarta.

Sarlito, who is also a professor at the University of
Indonesia, was testifying in the defamation trial against Tempo
journalists over the article. He explained that the article had
implied that Tomy would have benefited from the fire.

Tempo had reported in its March 3 to March 9, 2003 edition
that Tomy had proposed the renovation of the market three months
before the fire. The article called Tomy a "big scavenger".

"Although the opening paragraphs were based on two independent
facts, the way in which the writer connected those facts would
have a lasting psychological impact. Readers would surmise that
Tomy was like a scavenger in that he would profit from the fire,"
Sarlito told the courtroom.

He did, however, praise the writer for his "skillful
technique".

Sarlito said, despite the inclusion of Tomy's denial of the
speculations in the same article, the damage had already been
done. He explained that the article had been structured so that
the insinuation against Tomy had appeared in the lead.

"In most cases, if a negative statement comes first, an
affirmative remark will not rectify it," Sarlito said.

The weekly's chief editor Bambang Harymurti along with
journalists Ahmad Taufik and T. Iskandar Ali are standing trial
on the charge of violating Article 14(1) of the 1946 Criminal
Code. They are accused of deliberately disseminating rumors and
publishing a report that could provoke public disorder.

If convicted, they could be sentenced to a maximum of 10 years
imprisonment.

The defamation trial on Monday was also marked by the
replacement of judge Andriani Nurdin with presiding judge
Soeripto.

"Ibu Andriani has been promoted. She assumed her new position
as head of the Bogor District Court on Wednesday last week,"
Soeripto said.

However, he refused to comment on the suggestion that
Andriani's promotion was related to the Tempo case. "The Ministry
of Justice and Human Rights had issued a letter officiating her
promotion months ago," he said.

Commenting on the changeover, Tempo lawyer Trimoelja D.
Soerjadi said that the decision was unusual. "In the whole of my
career as lawyer, this is the first time that a presiding judge
has been transferred to a new position while still handling a
case," the lawyer said.

Presiding judge Soeripto scheduled another hearing for March
23, to hear media experts Andi Abdul Muis and Ibnu Ahmad.