TIMIKA TRIAL SESSIONS PROCEED WITHOUT DEFENDANTS

UNCLAS JAKARTA 010297 SIPDIS SENSITIVE SIPDIS FBI PLS PASS TO CTD/ITOS I, CTD/ITOS II, GOU SECSTATE FOR EAP/MTS AND DS/DSS, DS/IP/EAP, DS/EAP/ITA, AND CA/OCS/ACS E.O. 12958: N/A TAGS: PREL PGOV ASEC CASC KJUS ID SUBJECT: TIMIKA TRIAL SESSIONS PROCEED WITHOUT DEFENDANTS REF: A. JAKARTA 9996 TIMIKA TRIAL: DEFENSE FILES EXCEPTION ¶B. JAKARTA 9697 TIMIKA TRIAL: DEFENDANTS UNCOOPERATIVE ¶C. JAKARTA 8958 TIMIKA TRIAL OPENS ¶1. (U) The trial of the seven men accused of killing two Amcits in Timika, Papua in 2002 crept along August 15 in spite of the defendants' continued refusal to take their assigned seats in the court and the absence of defense attorney Johnson Panjaitan. As the session opened, Judge Nurdin read from a letter submitted by Panjaitan stating that he had failed to convince the defendants to stand trial as the court had instructed and therefore considered his own presence in the courtroom to be unnecessary. At that point Judge Nurdin asked the defendants to take their seats in the prisoners' docket. When they again refused, the Judge ordered them removed from the courtroom and stated that the session would proceed without the defendants. ¶2. (SBU) The prosecution, led by Anita Asterida and Fernando Siagian, then presented its response to the "exception" lodged by the defense on August 8 (ref A). They refuted the defense arguments point by point, arguing that the trial was transferred from Timika to Jakarta in accordance with the law and that the indictment conformed to legal standards. They concluded by requesting that the Judge set aside the "exception" and allow the trial to proceed. Asterida remains confident that the judges will rule against the "exception" and allow witness examination to begin whether or not the defendants cooperate. ¶3. (U) As in previous sessions, a group of 20-25 Papuans made a public display of support in the courtroom, standing up and singing the Papuan national anthem as the defendants were brought in. The trial continues to attract attention from the Indonesian media. The next session is scheduled for August 29. PASCOE