Trisakti trial rejects plea to drop charges
JAKARTA (JP): The Jakarta Military High Court rejected yesterday the defense's plea to dismiss the case of two police officers charged for their roles in the shooting deaths of four Trisakti University students last month.
Presiding judge Col. Sudji Suradi in his pretrial verdict stated that the defense statement was irrelevant and therefore needed no further consideration.
"The defense plea for all the charges to be dismissed is based on the assumption that the two officers were answerable to their superior for their wrongdoings and that their punishment was also at the prerogative of their superior, in this case, the commander of the Mobile Brigade.
"Therefore," the defense lawyer said, "the case cannot be tried in a military high court.
"I tell you, this is very wrong," Sudji said.
On the contrary, he said, the superior officers were authorized only to investigate the wrongdoings of the two defendants, but were unable to do anything in a military court.
"And it is the right of the military court to continue the trial and build a solid case," he added.
Sudji quoted Law No.13 /1997, Article 40 on the military high court which states that a military court is authorized to investigate and make decisions in the first trial of a criminal case involving defendants with a maximum rank of captain.
The presiding judge also told the court that the chronology of the incident was described clearly in the prosecutor's statement.
"These two officers went against procedures by giving the order to shoot, in a bid to disperse the crowds, without authorization from the West Jakarta Police chief as commander in the field when the incident happened," Sudji revealed.
"Based on that fact, the (defense) arguments will not affect the charges brought against the two officers.
"I hereby declare that, first, we rejected the defense's statement submitted to the court and second, the trial proceed with all of the charges intact," Sudji said, banging his gavel.
He then announced that the trial should present 10 witnesses for cross-examination.
Objection
The leader of the defense team, Adnan Buyung Nasution, objected and made a request.
"We want to make an appeal and ask that the trial be adjourned, based on the fact that we're not ready for cross-examination," Buyung said.
He said the defense lawyers had not had a chance to talk to the defendants. The defense team had only met with their clients once, on Saturday, June 6, before the first session, from 1 a.m. to 2 a.m., Buyung told the court.
"This is not fair and they have the right to consult with us," he said, adding that the defense team wanted the trial to be adjourned until Monday.
After heated debate, the presiding judge granted Buyung's request and adjourned the trial of the two defendants -- company commander First Lt. Agus Tri Heryanto, 29, and platoon leader Second Lt. Pariyo, 38, both from Jakarta Police Mobile Brigade -- until 9 a.m. Monday.
Speaking after the session, Buyung said he had put all his mind and efforts into defending the defendants and would continue to conduct his own investigation.
"Therefore, I ask for the full support from the National Police chief. I do not want him to back down and not cooperate in this case. I want a guarantee on that," he told the media.
The defense team also planned to meet with the defendants this morning at the Jakarta Military Police Headquarters in Guntur, South Jakarta.
The wife of one of the defendants, Agus, gave birth to their first child on Thursday night in their hometown of Cimahi in West Java.
"Both mother and baby are safe and are already back home," city police spokesman Lt. Col. Aritonang said.
At the first session of the trial last week, Buyung asked the court to allow Agus to stay with his pregnant wife until the birth of their baby, but the judge rejected the request.
More suspects
Meanwhile, Jakarta Military Commander Col. Hendardji revealed yesterday that there were two more suspects in the Trisakti case.
"It brings the suspects to 21 at last count. The number of suspects will not be decreased, and there possibly could be more named," he said, refusing to give further details.
"We're currently preparing the dossiers of the new suspects," he said.
On Wednesday, Hendardji said that 11 of the first 18 officers charged in the case would not be tried unless the weapons they used during the incident were submitted to the investigation team.
Hendardji said yesterday that all of the 21 weapons were submitted to the National Police Forensic Laboratory on Thursday night for ballistics tests.
"We're also continuing the effort to find new evidence. Based on our investigation, most of the suspects have lied about their whereabouts when the incident happened.
"What kind of lie? It would be unethical for me to disclose. But we'll soon prove it after the ballistics examination is completed," he said. (edt)