U.S. court jails Indonesian captain

U.S. court jails Indonesian captain

JAKARTA (JP): An Indonesian ship's captain has been sentenced
to four years imprisonment by an American court for attempting to
smuggle 290 Chinese into the United States.

The Brooklyn District Court convicted Amir Humuntal Lumban
Tobing, former captain of the Singapore registered Golden
Venture, for his role in the attempted smuggling.

The Antara news agency quoted yesterday an official of the
Indonesian consulate general in New York as saying the sentencing
took place on July 13.

The jail term handed down by Judge Reena Raggi exceeded the
so-called "sentencing guidelines". It is one of stiffest
punishments given to the 20 people convicted in the Golden
Venture case.

The smuggling attempt came to light when the ship sank off New
York in June last year, forcing the Chinese passengers to swim
ashore or seek help from passing ships. Ten of them never made
it.

The stiffest jail term was meted out to San Lwin, a
Myanmarese, who was the ship's chief officer. He was given a
four-and-half year sentence. Six other defendants, all of Chinese
nationality, were given jail sentences of either three or four
years.

Four Indonesian members of the crew were given a six month
jail term each. They have already been released.

Koko Wijanarko, the chief consul at the consulate, told Antara
that Tobing, through his lawyer, will appeal the sentence.

Wijanarko said he had expected a lighter term for the
Indonesian captain since he was very cooperative and lent a hand
in sending the other crew members to jail by testifying against
them.

During his own trial, Tobing had pleaded for leniency and
shown remorse for the incident.

The judge thought otherwise and decided to go for a stiffer
punishment, saying that Tobing knowingly became involved in the
conspiracy to smuggle the Chinese illegal immigrants. Thus he was
considered responsible for some of the crucial decisions, such as
when the ship loaded the passengers, first in Thailand, and again
in Mombassa before it crossed the Atlantic.

As the ship's captain, Tobing should have known that the
vessel was too small and poorly equipped for passengers.

Wijanarko was of the opinion that the major reason the judge
opted to hand down such heavy punishment was to send a message to
other potential offenders.

"The judge in principle wanted to convey the message that the
U.S. government will prosecute and punish heavily anyone who
smuggles people or aids the smugglers," said Wijanarko, who
followed the trial closely. (emb)