Supporters of radical Indonesian cleric, Abu Bakar Bashir, say the four year jail term handed down by a court in Jakarta is only a token sentence to spare the Indonesian Government the embarrassment of an acquittal. The alleged spiritual leader of Jemaah Islamiah was found guilty of participating in a campaign of treason against Indonesia. The Australian Government has suggested it's happy but expected a longer sentence.
Presenter/Interviewer: Tim Palmer, Indonesia Correspondent
Speakers: Adnan Buyung Nasution, chief lawyer; Hussein Umar, head of a radical group sympathetic to Abu Bakar Bashir
Tim Palmer: Seven hours into the reading of the judgement, the first suggestion of a surprise decision emerged, and with it the first signs of celebration from Bashir's hundreds of supporters in and outside the court.
"Considering all these matters," the Chief Judge read, "the court has the opinion that the Defendant, Bashir, legally has not been proven to be the leader of Jemaah Islamiah."
(Sound of cheering)
The court had effectively ruled against the contention of prosecutors and the belief of many Western and regional intelligence agencies that Abu Bakar Bashir had been the Emir or Supreme Head of JI.
There were more cheers when the judges threw out the testimony of the key witness, Faiz Abu Bakar Bafana, ruling that his evidence given by video from custody in Singapore was uncorroborated by any of the dozens of other witnesses. That meant the judges also discounted the allegation that Bashir had proposed an assassination attempt against then Vice-President Megawati.
But the cheers were replaced by groans as the judges approached their conclusion. While they found that Abu Bakar Bashir didn't lead or organise a campaign of treason aimed at collapsing the Indonesian Government, they did find him guilty of participating in such a plot.
His sentence four years. If there's no success at appeal, he's likely to be out in less than three. Still his supporters were disappointed. Hussein Umar, head of a radical group sympathetic to Abu Bakar Bashir said the sentence was a token to spare the Government the embarrassment of an acquittal.
(Sound of Hussein Umar speaking)
"There's been pressure on the whole process," he said. "They've made Abu Bakar Bashir a big terror figure, so it would be naove to think they'd let him go. They have to punish him, even if it's just four years."
Abu Bakar Bashir sat passionless throughout the entire judgement, showing no emotion when the verdict was reached. But immediately after the decision he told his chief lawyer, Adnan Buyung Nasution, to launch an appeal.
Adnan Buyung Nasution: Well, he said this is cruel, cruel. Because I never did anything wrong in the sense to overthrow the Government, or to take part in overthrowing the Government or in the bombings.
Tim Palmer: He'll be out in three years. Do you think the Government will be unhappy?
Adnan Buyung Nasution: This is face saving for the Government because he was charged already in accordance with the pressure from the foreign countries. The fact that the court now found him guilty and sentenced although only for four years, I think the Government will be happy.
Tim Palmer: But what about his supporters? Will they be happy?
Adnan Buyung Nasution: Oh, certainly not. I think this will be stimulating for the followers of him to further go on with the struggle against the establishment.
Tim Palmer: In what way? Do you think that might invite...
Adnan Buyung Nasution: A lot of violence, a lot of violence. I don't believe the violence.
Tim Palmer: With the Australian Government already suggesting the sentence was lighter than might have been expected, questions will be asked here about how well the prosecution of Bashir was handled.
But likewise, questions will be asked over whether other countries helped Indonesia sufficiently in this case. Why was Faiz Abu Bakar Bafana not allowed to attend the Jakarta court to give his evidence in person, for example? And where was the evidence from another Jemaah Islamiah figure, Omar al-Faruq, who's been in American hands since last year and who allegedly first fingered Abu Bakar Bashir for his role in JI?
That must raise questions about whether the Indonesian Government would face the potential difficulty of ever trying to bring charges against Abu Bakar Bashir for what many believe was his involvement in the Bali bombing, unless an irrefutable case can be built.