The Attorney General's Office (AGO) is so confident it has proof that former Garuda Indonesia pilot Pollycarpus Budihari Priyanto was involved in the murder of rights activist Munir Said Thalib that it plans to demand a review of the Supreme Court ruling which exonerated him.
Newly installed AGO spokesperson Thomson Siagian told reporters Wednesday that the AGO would file a case review at the Central Jakarta District Court this week.
He said the review dossier was based on article 263 of the Criminal Code Procedures. The article stipulates that a case review can be filed if a court ruling can be proven to be incorrect or a statement from the ruling contradicts its basis.
Thomson did not elaborate on the new evidence the AGO had uncovered. "Let's just see it in court. The prosecutors will reveal it during the trial," he said, adding that the AGO was certain the new evidence would be proven as credible in court.
Last week, Attorney General Hendarman Supandji said he believed Pollycarpus was involved in Munir's murder. He said there was an indication Pollycarpus was involved in the murder because he had made 41 calls from his cell phone to a member of the State Intelligence Agency.
"These calls can be construed as evidence suggesting he is the murderer," Hendarman said.
He added that a method called conditio sine qua non can be applied in criminal cases. Conditio sine qua non is a legal term meaning "without which it could not be", which refers to an indispensable and essential action in relation to a crime.
"What is important is that Munir died because he was poisoned. This cannot be argued against. Whether the poison was in his drink on the plane or not does not matter," Hendarman said.
Meanwhile, National Police Chief of Detectives Comr. Gen. Bambang Hendarso Danuri said the police had finished questioning Pollycarpus as a witness in relation to the actions of former Garuda chairman Indra Setiawan and Rohainil Aini, the secretary of Garuda's chief pilot.
Bambang said the police would hand over Indra Setiawan's dossier to the AGO next week. "When we've handed over the dossier, that means we can hand over the new evidence," he said.
Pollycarpus was sentenced to 14 years in jail by the Central Jakarta District Court in December 2005 for the murder of Munir, but the Supreme Court later overruled the verdict and sentenced him instead him for forging a letter assigning him to be an aviation security officer.