Trial of Agus Isrok in civilian court sought

JAKARTA (JP): Lawyers of drug defendant Army Second Lt. Agus Isrok demanded the Jakarta Military Court on Friday drop the indictment against their client and that the trial be heard at a civilian instead of military court.

"The defendant is accused of committing a crime, along with accomplice Donny Hendrian, who is a civilian. Therefore, it's the jurisdiction of the West Jakarta District Court to prosecute the defendant," said one of the defendant's lawyers, Lt. Col. A. Afandi, before a hearing at the Jakarta Military Court in Pondok Kopi, East Jakarta.

About 40 people, mostly military court staffers and plainclothes military members, attended the one-hour hearing, which was presided over by Judge Col. Sarman Mulyana.

Also present at the hearing, which started at 9 a.m, were the defendant's other lawyers Col. A.B. Setiawan and Capt. N. Sirait, and military prosecutors including Maj. Bambang Aribowo and Maj. P. Situmorang.

Afandi said a crime, committed by a military member and a civilian, should be tried at a civilian court. He cited articles 89 to 94 of the Criminal Code Procedures and Article 198 of the 1997 Law on Military Judiciary.

"The prosecutor's indictment even states that both Donny and the defendant allegedly committed the wrongdoing together," said Afandi, who is also the head of the legal department of the Army's Special Force (Kopassus).

Afandi insisted that there had been no jurisprudence issued by the Supreme Court suggesting that a civilian-military case be tried by a military court.

"We cannot find a decree by the Supreme Court chief stipulating that a military defendant in such a case be tried at a military court," said Afandi, while quoting Article 22 of the amended 1970 Law on the Principles of Judicial Power.

The article says a civilian court examines a crime jointly committed by a civilian and a military member, except when a court order by the chief of the Supreme Court rules otherwise.

The lawyer also demanded the military court drop the indictment, saying it was incomplete and vague.

"The prosecutors have failed to mention the weight of the drugs seized from the defendant during the police arrest last August," said Afandi, while reading the lawyers' defense statement.

The hearing of Agus, the oldest son of former Army chief Gen. Subagyo Hadisiswoyo, started last week.

In the indictment, the military prosecutors accuse the defendant of possessing and carrying narcotic and psychotropic substances.

It says the police seized two small plastic bags of shabu- shabu (crystal methamphetamine) and marijuana packed in a matchbox from Agus' trouser pockets.

Agus, a Kopassus member, and civilian Donny Hendrian were arrested by the city police during an early morning raid on a hotel in West Jakarta last August.

The police also confiscated from the hotel room 1.6 kilograms of shabu-shabu, 6,218 ecstasy pills, 27.9 grams of heroin and 25 sachets of Valium pills and drug paraphernalia in a big bag.

Donny was sentenced to nine years and six months in jail by the West Jakarta District Court on Monday.

Judge Sarman adjourned the hearing until next Thursday to hear response from the military prosecutor. (asa)