Three Tampubolon trial defendants seek acquittal

Three Tampubolon trial defendants seek acquittal

JAKARTA (JP): The defense lawyers in the trial of three of the
four suspects in the killing of Brig. Gen. Tampubolon yesterday
asked the East Jakarta District Court to acquit their clients of
all charges. While the lawyer for the other defendant has
requested a lighter sentence for his client.

Rarimuli Pinem, a lawyer representing Hendrik Setyawan, told
presiding judge Soeroto that the defendant must be acquitted from
the charges of violating Article 338 and 55 section 1 of the
Criminal Code Procedures dealing with intentional murder.

Rarimuli said that the prosecutor could not prove that the
killing was intentional, adding that it was an accident.

Earlier on July 21 prosecutor Muslim Seijah requested the
judge to sentence Hendrik, 25, a mechanic in a automobile
workshop, to 18 years of imprisonment for intentional murder.

Rarimuli also requested that as Hendrik is still young he
should be given a chance to improve his life.

Brig. Gen. Tampubolon was killed during a altercation near a
Chinese cemetery in Cipinang, East Jakarta, on April 14.

According to the autopsy report made by Dr. Yuli Budiningsih
of the University of Indonesia (UI), the general's death was
caused by 16 stab wounds which penetrated his liver and lungs.

John T. Siahaan, a lawyer representing Rusdi Abdul Manan, 24,
a security guard of the Hata Wana Technical High School in East
Jakarta, said that Rusdi's action was purely unintentional.

"I am convinced, Your Honor, that my client's action was
influenced by alcoholic drinks he consumed earlier," Siahaan
said, adding that Rusdi drank such alcoholic drinks as Vodka,
whisky and beer a few hours before the killing occurred.

Meanwhile, Gestiawati, another lawyer who represents Rusdi,
said because the alcoholic drinks controlled his senses
prosecutor Muslim Seijah could not prove that her client had
violated the same articles on intentional murder.

On July 21 Prosecutor Muslim also demanded that Rusdi should
be given an 18-year jail term. However, in yesterday's trial
session the two lawyers asked the judges to clear Rusdi of all
charges.

Hiu Hindiana, a lawyer representing Risdiyanto Joko, opened
her statement by expressing her dissatisfaction with the court
proceedings which prevented her from presenting a forensic expert
as a witness.

According to Hiu, since her client was also under the
influence of alcohol, he could not be charged with the Criminal
Code articles on intentional murder.

Hiu only agreed to prosecutor Saleh Abdurrahman's charges that
the defendant had violated Article 2, section 1 of the 1951
Emergency Law No. 12 on illegal possession of weapons.

During the court session Risdiyanto, 25, a cleaning service
attendant with a joint venture surveyor company, read his own
statement. He thanked the judges, the prosecutor and his lawyers
for what he called a "just trial".

Apology

He also apologized to the Tampubolons for his action which
caused the general's death.

"I realize that my apology will not solve the problem but that
is all I can do and I promise to serve my sentence willingly," he
said, while Mrs. Sinta Tampubolon, the general's wife, all
composed, stared at him.

Prosecutor Saleh demanded the court to sentence Risdiyanto to
18 years of imprisonment on July 21.

In his closing statement, Hiu asked the judges to give
Risdiyanto an appropriate punishment. The lawyer did not
elaborate on what she meant by "appropriate".

Alfred Andreas Taurus, a lawyer representing the fourth
defendant, Lukman Muhamm, said the prosecutor's charges that his
client had violated Articles 338 and 55, section 1 and Article
170, section 2 and 3 of the Criminal Code Procedures on group
murder could not be proven.

He said that Lukman was the only one who pushed the general's
body to prevent the fight, but Lukman's action only gave his
friends the opportunity to attack Tampubolon with their own
knives.

"Lukman was the only one who did not carry a weapon. He even
asked for Tampubolon's forgiveness for his friends' behavior,"
Alfred said.

Prosecutor Sutomo demanded a 15-year imprisonment for
defendant Lukman, an ojek (motorcycle taxi) driver.

Prosecutor Sutomo charged the defendant with a less serious
violation because Lukman was not facing any charges on violating
Article 2 section 1 of the 1951 Emergency Law on illegal
possession of weapons.

Presiding judge Soeroto adjourned the court session until
tomorrow to give prosecutors Muslim Seijah, Saleh Abdurrahman and
Soetomo time to prepare their answers to the defense lawyers'
statements.(03)