John Aglionby – East Timor's president, Xanana Gusmao, has unexpectedly pleaded for a non-custodial sentence in the trial of the former Indonesian-appointed governor, Abilio Soares, who is accused of crimes against humanity in connection with violence during the territory's independence referendum.

In a letter to the presiding judge read out in a Jakarta court yesterday, Mr Gusmao said the former senior civilian official, who is East Timorese, often tried to promote peace and should not be singled out. "Mr Soares' self-imposed exile must be considered punishment in itself and imprisonment would be a double punishment," the letter read.

Prosecutors want a 10-and-a-half-year jail term for Mr Soares, who is accused of not acting to stop the killing and destruction by the Indonesian military and pro-Jakarta militia before and after the ballot in which the East Timorese voted to end occupation. More than 1,000 people were killed in the violence.

Mr Gusmao's chief of staff, Agio Pereira, explained last night that the president believes Mr Soares is being made a scapegoat for the crimes of the Indonesian military. "The reality is that East Timor was ruled by the Indonesian military and the intelligence services, not the civilians," Mr Pereira said.

Eighteen government officials, military and police officers and militia leaders have been indicted by the ad hoc tribunal. However, Indonesia's armed forces commander at the time, General Wiranto, is not among the defendants.

Mr Gusmao's intervention shocked analysts and observers in East Timor. Many believe he is acting beyond his powers, and that he is out of step with public opinion. A western diplomat said: "He needs to cool it. He's risking losing existing support both as an individual and also in the office he holds."