The Jakarta Post, March 09, 2005
Ba'asyir alleges conspiracy
Tony Hotland, The Jakarta Post, Jakarta
Alleging a wicked plot to put cleric Abu Bakar Ba'asyir behind bars by any means, his
lawyers met legislators on Tuesday and demanded a probe into the suspected
conspiracy.
The lawyers also filed an appeal with the Jakarta High Court to overturn Ba'asyir's
30-month jail term.
Muslim Attorney Team chief Mahendradatta said the alleged conspiracy between
police, prosecutors and judges was blatantly obvious during Ba'asyir's trial
proceedings.
"(The prosecutors and judges) deliberately kept Amrozi from being called to the stand,
but it was so bizarre because they later based their verdict solely on Amrozi's alleged
statement," he told House of Representatives Commission III for law.
Sixty-six-year-old Ba'asyir was sentenced to 30 months last week by the South
Jakarta District Court for his part in the 2002 Bali blasts that claimed 202 lives, mostly
Westerners.
The judges relied on the sworn testimony of Mubarok, a Bali bombing convict, who
cited a conversation between his convicted accomplice Amrozi and Ba'asyir about
holding an "event" in Bali, which the court interpreted as proof that the cleric had
conspired in staging the terror attack.
"The prosecutors, with help from the police, kept preventing Amrozi from being
summoned. They even adjourned the trial whenever Mubarok couldn't make it. They
clearly violated Ba'asyir's right to defend himself against Amrozi's statement because
he never testified," said Mahendradatta.
He said Amrozi claimed to have never been contacted by the prosecutors to testify
and clarify his statement.
Mahendradatta said the verdict must have been handed down merely to prevent the
police from losing face again given that most witnesses and evidence presented at the
trial favored Ba'asyir.
It was the second court case for Ba'asyir. He was cleared last year of leading the
regional Jamaah Islamiyah (JI) terror network blamed for the Bali blasts and other
terror attacks in the country over the past few years, but was found guilty of
immigration offense.
The lawyers, said Mahendradatta, also suspected foreign involvement in the trial due
to the large amount of funds spent on the hearings.
"It was odd that, instead of using a regular courtroom, they had to rent a huge
air-conditioned room and bring in dozens of policemen and prepare meals for them,"
he said, referring to the Ministry of Agriculture's hall as the venue for Ba'asyir's trial.
In response, Commission III chairman Teras Narang promised to immediately arrange
hearings with relevant offices to investigate the lawyers' allegations.
Meanwhile, analysts have said that Ba'asyir could win the appeal due to what they
believe was a flimsy prosecution.
The sentence has been criticized as too lenient by Australia and the United States,
which insist Ba'asyir is JI's spiritual leader. Canberra has urged prosecutors to appeal.
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