Trisakti trial rejects plea to drop charges

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)