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Prosecutors reject Antasari's new evidence on grounds of repetition

Source
Jakarta Globe - September 14, 2011

Jakarta – A team of prosecutors say arguments and evidence presented by former Corruption Eradication Commission (KPK) chief Antasari Azhar in a hearing for a case review request are unfounded.

Speaking during the second round of the hearing at the South Jakarta District Court on Tuesday, prosecutors said the so-called new evidence had emerged during the investigation process but they found it unfit to be presented during his trial last year.

The same evidence, they argue, could not be presented as novum, or new-evidence, to support a request for a case review.

Antasari was sentenced to 18 years' imprisonment in February 2010 for masterminding the slaying of PT Putra Rajawali Banjaran's director Nasrudin Zulkarnain, who was shot dead in his car by hit-men. Antasari filed for a case review at the South Jakarta District Court last month.

"Prosecutors don't consider the evidence that the plaintiff has presented as novum," said the prosecution team's head, Indra Hidayanto.

The former KPK chief presented three pieces of new evidence that he claimed he had gathered in the hope of overturning his conviction for murder.

The first piece of new evidence consists of 28 pictures of Nasrudin's dead body before and after an autopsy, which Antasari said indicated "manipulation" of the body.

The second piece is a picture of Nasrudin's car, in which he had been murdered, which was said to show traces of vertical direction gun shots, in contrast to the horizontal projectory injury on the victim's head.

The third piece comprises cellular phone communication between Nasrudin and Antasari, which had been wiretapped by the KPK between Jan. 6 and Feb. 4, 2009; according Antasari, their communication proved he had not threatened Nasrudin by SMS, as originally alleged.

Antasari's defense team also referred to the Judicial Commission's findings on the handling of Antasari's original trial, issued on Aug. 19, which stated that the panel of judges had acted unprofessionally and violated judicial ethics by ignoring forensic evidence.

The commission recommended that the Supreme Court sanction the judges presiding at the original trial with a six-month suspension from duty.

Tuesday's hearing lasted for two hours. Antasari, meanwhile, questioned the credibility of prosecutors at his initial trial and asked that they be brought to court to be heard.

"We ask the judges to bring in the former prosecutors. They include Fadil Regan, Cirus Sinaga [currently standing trial in a bribery case] and others," Antasari said before the panel of judges.

Critics claim Antasari was framed to weaken the KPK, which had launched several investigations against top officials, including graft convict and former Bank Indonesia deputy governor Aulia Pohan, who is also the father-in-law of President Susilo Bambang Yudhoyono's son.

Speaking to reporters after the hearing, Antasari's wife Ida Laksmawati said that she was optimistic justice would favor her husband this time. "I am optimistic [he will be found innocent] if the judges review the evidence as my husband has requested," Ida said.

Judges at the district court are expected to reach a decision as to whether to allow the case review by next week. If their decision supports Antasari's request, the case review will be conducted by the Supreme Court.

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