Sat, 30 Nov 1996

Witness tells court student sold Ecstasy

JAKARTA (JP): A witness in a drug trafficking trial said yesterday he saw the defendant counting Ecstasy pills before he sold them to two friends.

Agung Febrianto, 30, a mechanic with a building contractor, told the Central Jakarta District Court he sat in the driver's seat of a Vitara off-road vehicle when the transaction involving 120 pills was about to take place.

Agung's friend, Rori, was the alleged buyer.

"While they were counting six police officers came to arrest us," Agung said. The arrest happened on Puri Mas, an alley in the Gambir district, in May.

The defendant, DY, a 21-year-old student, was about to sell Rori the pills.

Defense lawyer Nazori Do'ak Achmad said the arrest was questionable because the transaction was set up by police with Agung as the mediator.

Nazori said Rori should also have been arrested.

Agung denied knowing the six plainclothes police officers.

Police said the defendant bought the pills from a friend named Andi for Rp 39,000 (US$16.5) each.

Agung said the defendant asked Rori to pay Rp 40,000 for each pill and did not know whether Rori asked for the pills or was offered them.

Agung said he did not know anything about the transaction and was only driving around with Rori.

The defendant denied this.

"He also wanted to buy the pills like Rori," the student said.

Agung said he knew Ecstasy was banned.

However, when presiding Judge Suyatno asked why he did not warn Rori not to keep the pills, Agung said he "did not feel like warning him."

The prosecutor accused the defendant of violating the 1992 Law on Health, more specifically articles 80 (4b) and 40 (1) which bans the production and distribution of drugs not registered with the Ministry of Health.

If found guilty the defendant faces a maximum of 15 years jail or a Rp 300 million (US$130,000) fine.

The trial was adjourned next week.

The trial was one of five cases being tried in three greater Jakarta district courts.

Legally, Ecstasy pills are not narcotics so those found guilty of possessing or trafficking the pills cannot be prosecuted under the 1976 Anti-Narcotic Law which carries a maximum penalty of death.

The House of Representatives is deliberating a government- sponsored bill on psychotropic drugs which will give police more power to deal with the Ecstasy problem. (07)