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)