The Washington Times, March 03, 2005
Indonesian cleric's sentence disappoints many
By Sukino Harisumarto
UNITED PRESS INTERNATIONAL
Jakarta, Indonesia, Mar. 3 (UPI) -- Indonesian Muslim cleric Abu Bakar Bashir,
accused of heading al-Qaida-linked terror group Jemaah Islamiyah, was convicted and
sentenced to 30 months in prison Thursday for his role in the 2002 Bali bombings that
left 202 people dead.
While the white-bearded, 66-year-old militant cleric, has been found guilty of
committing an "evil conspiracy" in the bombings, a panel of five judges cleared Bashir
of two charges of terrorism.
"The defendant Abu Bakar Bashir has been proven legally and convincingly to have
committed the crime of evil conspiracy that caused fire or explosion that left other
people dead," Chief Judge Soedarto said, reading the court's ruling.
Thursday's lenient sentence -- the second for Bashir, who was sentenced to 18
months in 2003 for immigration offenses - sparked immediate criticism from fforeign
governments.
The United States and Australia, which considered Bashir leader of the Jemaah
Islamiyah regional terror group blamed for a string of bombing attacks in recent years,
have objected to the light sentence.
"We respect the independence of Indonesia's judiciary, but given the gravity of the
charges on which he was convicted, we're disappointed at the length of the sentence,"
said Max Kwak, a spokesman for the U.S. Embassy in Jakarta.
Legal experts have admitted that the trial, which has occasionally descended into
farce, has been difficult for prosecutors. The proceedings were plagued by shaky
evidence and fickle witnesses. JI members whom the prosecution believed would
cooperate did not do so. Aware of apparent weaknesses in their case, prosecutors
asked for a sentence of eight years. This might seem lenient given the charges
against him, for which the maximum penalty is death.
With the sentence of 30 months, many have predicted that Bashir would walk free
before long, because he already has been in detention for 10 months.
The trial, which began in October, is the second time Indonesian prosecutors have
gone after Bashir. Judges threw out for lack of evidence the first effort to convict him of
leading JI using laws against subversion. Nevertheless, Bashir was sentenced and
served 18 months for immigration offenses.
This time Bashir has been charged with criminal acts of arson and explosion related
to blasts on Bali island on Oct. 12, 2002, that killed 202 people, and an "evil
conspiracy" under anti-terror laws in connection with the bombing of a Marriott hotel in
Jakarta on Aug. 5, 2003, that killed 12.
But the panel of five judges cleared Bashir of primary charges.
"Neither the defense witnesses nor the prosecutors' witnesses said that the defendant
has planned or provoked other people to commit the bombings," the court said in its
ruling. "The perpetrators of the Marriott bombing admitted they did that on their own
will. Therefore, the defendant has to be acquitted of primary charges."
Bashir was in jail at the time of the Marriott bombing.
Many experts have said it was a mistake to put Bashir on trial again because
prosecutors did not have enough evidence.
Indonesian prosecutors made their final push this week to convict Bashir on terrorism
charges by arguing he was aware of plans for the bombings and did nothing to stop
them.
But none of the witnesses offered evidence that Bashir ordered, or even gave his
blessing to, the bombings. Few have said he led the shadowy network, or even knew
about it. Others reversed earlier testimony against Bashir.
Government officials and legal experts have argued that one of the highest hurdles the
prosecution faced was that much of the evidence remained in the hands of the United
States and its allies, who are holding potentially key witnesses in seclusion, including
senior JI member Hambali.
Australian Foreign Minister Alexander Downer said Bashir's jail sentence is "short,"
adding that the verdict will not satisfy the Bali victims. Eighty-eight Australians were
killed in the blasts.
"We come from the perspective from being a country that lost 88 citizens in the Bali
bombing," Downer said. "We are disappointed. ... We'd like to see a longer
sentence."
Experts said Bashir's current conviction was based primarily on an alleged
conversation with now convicted Bali bomber Amrozi in 2002 prior to the bombing of
two nightspots in Bali's popular tourist spot of Kuta.
Amrozi is reported to have asked Bashir: "What if my friends and I hold an event in
Bali?" To which Bashir answered: "It's up to you. You are the ones who know the
situation on the ground."
Bashir -- dressed in black Muslim shirt, white shawl and Muslim skullcap -- said he
would appeal.
"I reject and describe this verdict as tyranny. Therefore, it's 'haram' - forbidden to
Muslims - for me to accept. I will appeal to a higher court," Bashir said while hundreds
of his followers - inside and outside the courtroom - shouted "Allohu Akbar," or "God
is Great."
Bashir's defense attorneys had argued throughout the four-month trial that he had
been the victim of a U.S. plot.
During a court hearing last month, Bashir said the charges against him were ordered
by U.S. President George W. Bush, who "hired the Indonesian police to catch me and
send me to the United States."
An American interpreter for Bush testified he was present at a meeting in Jakarta,
where senior U.S. officials tried to persuade Jakarta to hand Bashir over to the United
States.
"It could be the case that a heavy sentence would be a miscarriage of justice given
the kind of evidence that has been produced in this trial," one observer said.
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