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Muchdi challenges prosecutors' appeal against verdict

Source
Jakarta Globe - February 19, 2009

Heru Andriyanto – Muchdi Purwoprandjono, who was cleared last December of charges that he ordered the murder of prominent human rights activist Munir Said Thalib, on Wednesday demanded that the Supreme Court reject an appeal lodged by prosecutors seeking to overturn his acquittal.

Muchdi's lawyers went to the South Jakarta District Court to challenge the appeal, which they said was in violation of normal procedures.

According to Article 244 of the criminal procedures, "prosecutors are allowed to lodge an appeal with the Supreme Court against all verdicts, but not an acquittal," said Wirawan Adnan, a lawyer for Muchdi.

Muchdi, who was accused of masterminding the murder on Sept. 7, 2004, was acquitted of all charges by the district court on Dec. 31, 2008, sparking outrage among local and international rights groups.

The panel of judges hearing the case said prosecutors had failed to prove any links between Muchdi, a former top intelligence official, and Pollycarpus Priyanto, a former Garuda pilot who is currently serving a 20-year sentence for the murder. Munir died on a Garuda flight to Amsterdam, after Pollycarpus administered a fatal dose of arsenic to his drink during a stopover in Singapore.

Prosecutors on Jan. 23 lodged an appeal against the verdict, arguing that the judges had ignored some key evidence and testimonies against the defendant.

In their appeal, prosecutors also cited several cases in which the Supreme Court considered appeals against acquittals by lower courts.

But Muchdi's lawyers challenged the use of the precedents, stating in their document that "it is equivalent to a request for the Supreme Court to continue violating the law." "We firmly demand that the Supreme Court reject the prosecutors' appeal," the 20-page document stated.

The Attorney General's Office, apparently anticipating the move, responded promptly. "The lawyers may have their own legal opinions," said Abdul Hakim Ritonga, deputy attorney general for general crimes. "But in our opinion, there is nothing in the prosecutors' appeal that has violated criminal procedures."

Prosecutors accused Muchdi of using his power as former deputy head of the State Intelligence Agency, or BIN, to orchestrate Munir's murder in a bid to avenge his ousting from the top post in the Army's feared Special Forces, or Kopassus.

Prosecutors said Muchdi was dismissed from the elite force in mid-1998 after Munir and rights group Kontras claimed that Kopassus was behind the abductions of 13 activists between 1997 and 1998.

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