[Plus Aberson trial update.]
Jakarta – Budiman Sudjatmiko along with his defense lawyers carried out a "walk-out" action on Tuesday (18/3) at the Central Jakarta state court.
The grounds, because the judge agreed with the proseecuter Salim to read out the statements of the Preliminary Investigation Reports (BAP) from witnesses from Surabaya in order to facilitate the trial process. Because, the prosecutor has call the witnesses a number of times, but they have not appeared.
Before doing so, the prosecutor explained that all of the witnesses: Soleh, Dita Indah Sari, Coen Hesen Pontah and Hartati had been given the oath.
Budiman refused to hear the statements from the witnesses BAPs because the witnesses from Surabaya are also accused in the same case, so they cannot appear. Aside from this, there was a conflict in the timing of the trials in Jakarta and Surabaya, which was a weakness on the part of courts to arrange the schedule. This was also considered to be a reluctance on the part of the prosecutor to present the witnesses. "Because of that, if [you] continue to read [the BAP statement] I cannot be present", said Budiman.
The accused defense team, Luhut MP Pangaribuan, Dwianto Prihartono and Johnson Panjaitan also objected to the judge's decision saying that the prosecutor was not able to show that the official request [for the witnesses to appear] had been sent and received by the witness in accordance with article 227 of the Criminal Code. Aside from this, the prosecutor could not explain properly what funds had been released to bring the witnesses to Jakarta in accordance with article 229 of the Criminal Code.
Prior to this, PRD activist Yakobus Eko Kurniawan and Suroso were presented as witnesses, who refused to give evidence in accordance with article 168 (b) of the Criminal Code, and withdrew the BAPs.
Aberson's trial
Meanwhile, in the subversion case against Aberson Marle Sihaloho, his defense team objected to the witnesses present because they were not the victims. They told the presiding judge, Suhardjo that in accordance with article 160 (1b) of the Criminal Code the first witnesses to be presented in court must be victims. While the prosecution witnesses which were presented were not victims of what happened at the free speech forum at the PDI headquarters on June 13, 1996. The prosecutor said that certainly witnesses were not victims be they knew about what happened at the PDI headquarters.
After arguments over a number of legal points, Aberson's defense lawyer Luhud asked if they would withdraw the charges. The prosecutor replied that they would not.
[Abridged translation from Suara Pembaruan - James Balowski]