LAKSAMANA.Net, November 25, 2004 02:33 PM
Court Rules Baasyir's Trial Must Continue
Laksamana.Net - South Jakarta District Court has rejected defense arguments to halt
the terrorism trial of radical Islamic cleric Abu Bakar Baasyir.
The cleric's lawyers had argued the case should be dismissed because it was full of
shortcomings and violated laws that prevent suspects being tried twice for the same
crime.
"We reject the objections made by the lawyers… We, the judges, rule that the trial
should continue next week with the prosecutors presenting their witnesses," presiding
judge Sudarto was quoted as saying Thursday (25/11/04) by the Associated Press.
The five judges could have dismissed the trial if they deemed the charges illegal,
incomplete or insufficient.
Baasyir (66) is accused of being the spiritual leader of regional terrorism network
Jemaah Islamiyah, and of inciting his followers to carry out the October 2002 Bali
nightclub bombings that killed 202 people, and the August 2003 blast at Jakarta's JW
Marriott Hotel that killed 12 people.
He is also accused of deliberately assisting terrorists, withholding information on acts
of terrorism and establishing a terrorism training camp at Mindanao in the southern
Philippines. If convicted he faces the death penalty.
In September 2003, Central Jakarta District Court acquitted Baasyir on charges of
leading Jemaah Islamiyah and masterminding a plot to use religious violence to
overthrow the government.
Prosecutors now say they have new evidence. They also argue the case against the
cleric was previously about treason, whereas it is now about terrorism.
Sudarto said the court had also rejected the defense's request to release Baasyir from
detention. "The request for the postponement of detention cannot be granted yet
because it is still being deliberated," he was quoted as saying by detikcom online
news portal.
One of Baasyir's lawyers, Mohammad Assegaf, said he was disappointed the judges
had decided to continue the trial. "We regret this decision, because the panel of
judges made a narrow interpretation. This trial's charges by the prosecution are not
much different from the previous accusations that were unproven, such as the training
in Mindanao, and that Ustadz [teacher] was the chairman of Jemaah Islamiyah. It's
imperative that charges that have not been proven must not be repeated again," he
said.
He further said the trial was unfair because it was being held due to international
pressure on Indonesia.
The trial will resume next Tuesday to start hearing witnesses. Up to 70 witnesses
may be called, including some self-confessed Jemaah Islamiyah members now being
detained in Malaysia and Singapore.
Embassy Bombing Suspects
Jemaah Islamiyah has also been blamed for the September 9 bombing outside the
Australian Embassy in Jakarta that killed 11 people. Police announced Wednesday
they had arrested four key suspects in the attack.
Speaking to reporters before that start of Thursday's trial proceedings, Baasyir said it
was possible the arrests had been "engineered" by authorities. "We are waiting for
developments. Possibly it's true, possibly it was engineered," he was quoted as
saying by detikcom.
But the cleric claimed he did not support the bombing because it killed innocent
civilians and could prompt a backlash against Islam. "We do not agree because it
was in a safe location and it could lead to greater slander [against Islam]."
He said that if the four arrested men are proven guilty, then it would be appropriate for
them to be punished. "If it is in line with the law it is appropriate. But whatever they
did, they defended Islam and for God that has the same value."
'Nests of Suicide Bombers Found in Java'
A report on Thursday said police had identified six suspected "nests" of terrorists on
the slopes of Mount Salem, near the towns of Losari and Brebes, on the border
between West and Central Java provinces.
"I don't want to mention exactly which area they are in. But for sure there are six
areas that we suspect," Central Java Police chief Inspector General Chaerul Rasyid
was quoted as saying by the Australian Associated Press.
He said suicide bombers were being recruited and trained in the areas, adding that
volunteers were being offered payments for their families of about Rp250 million to
blow themselves up.
The four embassy bombing suspects captured in West Java earlier this month were
Rois, Hasan, Apuy and Ansori. Rois was the alleged field commander of the attack,
while the others allegedly participated in assembling the bomb.
But the two most wanted members of Jemaah Islamiyah, Malaysians Azahari Husin
and Noordin Muhammad Top, have so far apparently managed to evade capture.
Rumors were circulating in Jakarta on Thursday that Azahari had been captured and
police were keeping his arrest silent in an effort to nab Noordin.
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