Tue, 20 Dec 2005

Soldier faces 15 years in jail

Nethy Dharma Somba, The Jakarta Post, Jayapura

A soldier court-martialled for killing a civilian in Papua is facing 15 years in jail, although military prosecutors say the defendant opened fire in self-defense.

Prosecutor Maj. Budiarto told the Jayapura Military Court on Monday that Prv. Zulkarnaen Lubis, a 31-year-old member of the 643rd Infantry Battalion, had shot a sawmill employee Liborius Oka in his leg and chest during a fight on Dec. 1 in the Korindo housing complex in Asiki district near the border with Papua New Guinea.

"The defendant shot Liborius to death after the latter tried to seize his gun," Budiarto told the court.

In their indictment, the prosecutors said Zulkarnaen, who was serving in a border post in Boven Digoel regency, violated Article 338 of the Criminal Code on murder, which carries a maximum sentence of 20 years in jail, and Article 351 on assault, which is punishable by a maximum jail sentence of two years and eight months.

Budiarto said the incident took place at 3 a.m. when Zulkarnaen along with his colleagues, Pvt. Rosadi and Pvt. Rusbianto, and their commander, Sgt. Roni, went to Liborius' house after a resident, Farida, called for help after seeing Liborius break into her house, which is located 150 meters from the border post.

The four soldiers gave a chase to Liborius. They met Liborius' wife, Hana, and their son Eko on their way to his house.

Budiarto said Zulkarnaen questioned Hana at gun point, asking where her husband was. Suddenly Liborius emerged to rescue his wife, only to be beaten by Rosadi, 28, who is being court- martialled separately over the matter.

Although suffering injuries to his eyes, Liborius offered resistance. The one-sided fight ended with Zulkarnaen shooting Liborius after he tried to grab the soldier's gun.

The court also heard on Monday testimony from Farida, her husband Tajudin, Hana, Eko and three soldiers, including Rosadi.