Tue, 19 Jul 1994

Towil's lawyers skip defense statement

JAKARTA (JP): Lawyers representing former Bapindo director Towil Heryoto who is being tried on corruption charges waived their right to read the defense statement yesterday, allowing the trial to proceed almost uncontested.

Rudhy A. Lontoh, the leading lawyer in Towil's defense team, told a court hearing that he did not see sufficient reason to attack the prosecution's case.

The move, while permitted, was considered rather unusual since the defense statement provides an opportunity for the lawyers to tear the prosecution's case into pieces from the point of view of legal technicalities.

The entire hearing yesterday lasted only five minutes. The court adjourned the trial session to next Monday, when the testimony of witnesses will start.

Towil is the third suspect to be tried in connection with the Rp 1.3 trillion loan scandal at the government bank.

Thomas Tampubolon, a member of the team of defense lawyers, told The Jakarta Post that a defense statement is not a must. "There is no point exerting ourselves only to fulfill procedure when we don't have see any strong argument," he said.

Some other experts on law disagreed.

One lawyer who asked not to be identified said Towil's defense lawyers had thrown away a golden opportunity. "Although there is almost no chance to win, they should still use the opportunity."

At least the statement will be on record and it might count heavily if and when the case is later appealed in higher courts which would look into the technical aspects, the lawyer said.

Mohammad Assegaf, a leading criminal and corporate lawyer, said the impression is that some judges do not treat the defense statement seriously and regard it simply as a tactic employed by lawyers to stall for time. (05)