Subagyo denies meddling in son's investigation

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)