Verdict on Agus Dwikarna

Verdict on Agus Dwikarna

From Koran Tempo

The sentence of 10 years to 17 years' imprisonment passed by
the Pasay City court on Agus Dwikarna for illegally carrying
explosives has become a domestic controversy. Some of the
country's Islamic groups have voiced the view that the verdict
only serves America's war on terrorism.

Agus Dwikarna, commander of Laskar Jundullah in Makassar, is
seen as a link in a terrorist network in Southeast Asia, based on
the assumption that Jundullah is connected with Majelis
Mujahiddin Indonesia under Abubakar Ba'asyir. America has
asserted that Ba'asyir is part of the al-Qaeda network and a
lackey of Osama bin Laden in the region.

So, it is only proper that the Philippines as an American ally
joins the campaign to fight against terrorism. In fact, if the
Pasay City court is really trapped by America's interests in
combating radical Islamic groups, the Philippine court decision
is flawed.

Conversely, if Judge Henrick Ginggoyon's decision is based on
the inconsistency in Agus' testimony and that of other witnesses,
it is difficult for Agus to deny the charge of illegal possession
of explosives.

Agus was obviously inconsistent when he failed to explain to
the court why his business partner from Bangkok with whom he was
newly acquainted, Dr. Prashan, was willing to pay for Agus' trip
to the Philippines, when the purpose of the trip was unclear.
Agus' guilt was even more convincing as there were no competent
testimonies of witnesses that the explosives had not come from
the suitcase he carried.

Furthermore, the testimony of Agus' business partner in Gen.
Santos was different from his own. The partner said the business
discussed during Agus' visit involved coal. Meanwhile, Agus' own
confession regarding his Southern Philippine trip referred to
tuna investment.

So, if Ginggoyon's sentence was based on dubious statements of
witnesses and inconsistencies in Agus' testimony, the judge's
decision was accurate. The issue no longer concerns speculations
on whether or not Agus is a terrorist or a member of the al-Qaeda
network. Instead, the charge that Agus carried explosives
illegally has been convincingly proven.

His conviction was merely due his failure to prove to the
court that the explosives were not his, even though they were in
his suitcase.

HASAN PATRIO

Cilegon, West Java