Bambang Muryanto, Sleman, Yogyakarta – Five witnesses in a religious violence case in Sleman regency, Yogyakarta, failed to show up at the Sleman District Court on Monday.
The trial, in which Abdul Kholiq is the defendant, was scheduled to examine the witnesses. The five witnesses were Hendricus Subandono, Nur Wahid, Sri Amini, Y. Supriyadi and Cornelia Puji Listyowati.
They were all at the crime scene in May when Kholiq and his accomplices reportedly attacked the house of Julius Felicianus in Sleman when the victim was hosting a rosary prayer. Julius and Nur Wahid were severely injured and required medical attention.
During the previous hearing, the prosecutor said that Kholiq had become irate at seeing many worshipers' motorcycles parked outside Julius' house when he passed by. Besides damaging the house and injuring a few people, Kholiq reportedly also demanded that the prayers be stopped.
"As prosecutors, we have tried our best by sending subpoenas to the witnesses through the investigators. The subpoenas were received by the witnesses but they cannot yet show up," Sugana told the panel of judges. Kholiq's supporters immediately chanted Allahu Akbar (God is great) in response.
Presiding judge Mariliyus then asked the prosecutors to show him the receipts for the subpoenas and found that only one had been signed by a potential witness.
"Based on the Criminal Law Procedures Code [KUHAP], subpoenas have to be directly delivered to the respective witnesses," the presiding judge told the prosecutor.
Speaking to reporters after the hearing, Sugana said that Julius had not been subpoenaed as a witness because he was not questioned by the police and was not mentioned in the dossier on the case.
Responding to the mention of a teleconference to question the witnesses, Sugana said he had yet to work on it. "We are still trying to present the witnesses at the trial. If they don't show up after a third subpoena then we will ask for the police's help to present them at the court," Sugana said.
Separately, Julius decline to say why his son, Hendricus Subandono, would not go to the courthouse to testify.
Last week, the panel of judges granted a request that Kholiq be released on bail after receiving a letter of assurance signed by Ihya As Sunnah pesantren (Islamic boarding school) leaders, the defense team and the defendant's wife. Kholiq is the caretaker at the pesantren. His supporters have been attending hearings in his trial since day one.
The trial was adjourned until next Monday, when witnesses ares scheduled to be examined. As in previous hearings, Monday's hearing was tightly guard by the police.
Source: http://www.thejakartapost.com/news/2014/09/09/witnesses-religious-violence-case-fail-show-court.html