Mon, 21 Feb 2000

Subagyo denies meddling in son's investigation

JAKARTA (JP): Former Army chief Gen. Subagyo said on Sunday that he had never interfered with the investigation into the alleged involvement of his son, Second Lt. Agus Isrok's, in drug abuse and trafficking and would let the military police headquarters handle the case.

"I believe in the supremacy of the law. The military police are free to process this case according to existing regulations," Subagyo said after a game of tennis at the Senayan sports complex in Central Jakarta.

"Reporters are free to ask the military police headquarters if I have ever interfered in this case. I just wouldn't."

Subagyo, who is currently a military advisor to President Abdurrahman Wahid, added that Agus would testify at the West Jakarta District Court.

"Let the matter be made clear. As a military officer, he will also be brought before a military court," he said, adding that his son's dossiers had been completed by the military police and submitted to the Military Prosecutor's Office.

"Ever since the incident first happened, he has not stayed with us, so I don't see him at home much. As a parent, I hold some responsibility. As a military officer, he should hold some responsibility."

When asked about his son's failure to turn up at the West Jakarta District Court -- where he was to be questioned as a witness in the trial of Donny Hendrian, who was arrested at the same time as Agus -- Subagyo in turn asked who was it that the court had summoned.

When reporters answered, "Deky Setiawan (an alias then reportedly used by Agus)," Subagyo said that it was "Deky who was summoned, not Agus Isrok."

"His full name is Agus Isrok Mi'raj. If he was the one who was called, I would have ordered him to go to court," the former Army chief of staff said as quoted by Antara.

Prosecutor Amirullah revealed that he had sent three summonses to Deky Setiawan at Deky's address in the West Java capital of Bandung, but had received no response.

Amirullah demanded presiding judge Hadi Lelana of the West Jakarta District Court issue a written statement summoning Agus to appear in court, saying that the name of Deky Setiawan was fictitious.

Summons

Judge Hadi said he would issue a summons for Agus Isrok, a member of the Army's Special Force (Kopassus), to appear in court. But the judge insisted on using the name Deky Setiawan in the summons.

"I will refer to the name stipulated in the indictment," he said after the hearing.

Hadi said the plan to name Agus as a defendant in a civilian court would rest on the willingness of the country's military authorities.

"It's the authority of the country's high-ranking military officers to form a civilian court," Hadi said at Donny's trial.

Judge Hadi was commenting on a demand by Donny's lawyer, Togar M. Sijabat, in last Monday's hearing that the court bring Agus, a Kopassus member, to a civilian court in the spirit of establishing equality before the law in regard to Donny and Agus.

Article 89 of the Criminal Code Procedures stipulates that a crime committed by a civilian and a military officer together may be prosecuted and tried in a civilian court, except when the minister of defense, with approval of the minister of law and legislation, orders that the case be tried in a military court.

Although Agus is a key witness in the case, he has not appeared at all at Donny's trial, which has had seven hearings to date.

Donny and Agus were arrested by dozens of detectives on Aug. 8 in room 408 of Hotel Travel on Jl. Mangga Besar in West Jakarta.

Agus identified himself as Deky Setiawan during the arrest, and the name Deky was written in the police report and was quoted by the prosecutor in the indictment.

The police report says the police seized 1.6 kilograms of shabu-shabu (crystal methamphetamine), 6,218 ecstasy pills, 27.9 grams of heroin and 25 sachets of Valium pills. (ylt)