Heru Andriyanto & Farouk Arnaz – Lawyers for graft suspect Susno Duadji on Monday renewed calls for him to be put into the custody of the Witness and Victim Protection Agency (LPSK) after a court ruled his arrest and detention were lawful.
Lawyer Ari Yusuf Amir made the call after a judge at the South Jakarta District Court rejected the pretrial motion entered by the former National Police chief detective over his arrest and detention.
Judge Haswandi said that under the Criminal Procedures Code, police may arrest a suspect based primarily on testimony by a witness and if the suspected crime was punishable by a sentence of at least five years in jail.
"Police have secured more than enough evidence required by the law to make the arrest," the judge said. "The plaintiff is charged under articles 5, 7, 11, 12 of the Anti-Corruption Law, which carries a maximum sentence of life imprisonment. Accordingly, the arrest has a legal standing."
Haswandi also pointed out that Susno had refused to cooperate with police by ignoring a May 6 summons to appear for his first interrogation.
"The court rejects in full the pretrial motion lodged by the plaintiff," he said. The ruling was greeted by noisy protests from Susno's supporters in the gallery.
Ari said Susno's detention status should not affect his request for protection. The lawyer said the LPSK had already said his client was a witness needing protection, so the "police must give way to it."
Another of Susno's lawyers, Muhammad Assegaf, urged the LPSK to "take immediate action to pull Susno out of his police cell" because the agency had officially promised him protection.
Ari criticized the judge for taking only police arguments into consideration while paying little attention to witnesses presented by the lawyers.
"I think the judge has taken sides with the police. Maybe he's afraid," Ari said. "My client didn't answer the summons on May 6 but he sent his lawyers to represent him and seek clarification about what the summons was for. After he understood the summons, he came to the police on May 11 but was immediately detained."
Police welcomed the court ruling but indicated they would not hand over Susno to the LPSK. The Attorney General's Office has agreed to a police request for a 40-day extension of his detention.
"Susno's pretrial motion regarding his arrest and detention has been rejected and we call on everyone to respect the judge's ruling," National Police spokesman Brig. Gen. Zainuri Lubis said.
"The extension of Susno's detention has been approved for another 40 days and hopefully the charging documents can be declared complete and handed [to prosecutors] within that period."
Police suspect Susno accepted bribes linked to a dispute over a fish farm in Pekanbaru, Riau. They have also said the former chief detective was suspected of having embezzled money while head of the West Java Police.