Identifier
Created
Classification
Origin
06JAKARTA11585
2006-09-19 10:32:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Jakarta
Cable title:  

DEFENDANTS' HUNGER STRIKE DELAYS TIMIKA TRIAL

Tags:  PREL PGOV ASEC CASC KJUS PHUM ID 
pdf how-to read a cable
VZCZCXRO7248
OO RUEHCHI RUEHDT RUEHHM
DE RUEHJA #1585 2621032
ZNR UUUUU ZZH
O 191032Z SEP 06
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0207
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS IMMEDIATE
RUEHPB/AMEMBASSY PORT MORESBY IMMEDIATE 3221
RHEHNSC/NSC WASHDC IMMEDIATE
RUEAWJB/DEPT OF JUSTICE WASHDC IMMEDIATE
RHMCSUU/FBI WASHINGTON DC IMMEDIATE
RHHMUNA/CDR USPACOM HONOLULU HI IMMEDIATE
UNCLAS JAKARTA 011585 

SIPDIS

SENSITIVE
SIPDIS

FBI PLS PASS CTD/ITOS I, CTD/ITOS II, GOU
STATE FOR EAP/MTS, DS/DSS, DS/IP/EAP/, DS/EAP/ITA,
CA/OCS/ACS

E.O. 12958: N/A
TAGS: PREL PGOV ASEC CASC KJUS PHUM ID
SUBJECT: DEFENDANTS' HUNGER STRIKE DELAYS TIMIKA TRIAL

REF: A. JAKARTA 11342 (DEFENDANTS WALK OUT)


B. JAKARTA 11145 (AMCITS TESTIFY AT TIMIKA TRIAL)

UNCLAS JAKARTA 011585

SIPDIS

SENSITIVE
SIPDIS

FBI PLS PASS CTD/ITOS I, CTD/ITOS II, GOU
STATE FOR EAP/MTS, DS/DSS, DS/IP/EAP/, DS/EAP/ITA,
CA/OCS/ACS

E.O. 12958: N/A
TAGS: PREL PGOV ASEC CASC KJUS PHUM ID
SUBJECT: DEFENDANTS' HUNGER STRIKE DELAYS TIMIKA TRIAL

REF: A. JAKARTA 11342 (DEFENDANTS WALK OUT)


B. JAKARTA 11145 (AMCITS TESTIFY AT TIMIKA TRIAL)


1. (U) On September 19, the Central Jakarta court was
scheduled to hear testimony from Indonesian military
personnel who arrived on the scene of the August 31, 2002
ambush near Timika, Papua in which two Amcits and one
Indonesian citizen were killed. Since the last session, the
prosecution decided that calling a third FBI witness would be
unnecessary. His testimony is being submitted in written
form (ref. A). Victim witnesses Patsy Spier and Steven Emma
were present at the session.


2. (U) Although the defendants were present in the courtroom,
Johnson Penjaitan, their counsel, objected that they were too
weak from their five-day long hunger strike to participate in
the trial. Penjaitan further said that he had not had access
to his clients prior to the session to determine their state
of health. Panjaitan requested that the trial be deferred
due to his defendants, weakened condition. Prosecutors
urged that the session continue, noting that witnesses had
been brought from Surabaya. The judge granted the defense
request and advised that Panjaitan persuade his clients to
eat. The trial would recommence on Friday September 22,
regardless of the defendants, condition, the judge said.


3. (SBU) Comment. So far, the defense has made no attempt
to refute the evidence and testimony presented, and is
instead resorting to stalling tactics and procedural
maneuvering. Panjaitan may be hoping to appeal a guilty
verdict on procedural grounds. The judge is probably aware
of this possibility and therefore granted the defense request
in order to deny the defendants an opportunity to claim later
that she had been biased against them. End comment.

HEFFERN