TIMIKA TRIAL: WITNESS SNAFU CAUSES DELAY

UNCLAS JAKARTA 011892 SIPDIS SENSITIVE SIPDIS FBI PLS PASS CTD/ITOS I, CTD/ITOS II, GOU SECSTATE FOR EAP/MTS, DS/DSS, DS/IP/EAP, DS/EAP/ITA, AND CA/OCS/ACS E.O. 12958: N/A TAGS: PREL PGOV ASEC CASC KJUS PHUM ID SUBJECT: TIMIKA TRIAL: WITNESS SNAFU CAUSES DELAY REF: JAKARTA 11845 (TNI PERSONNEL TESTIFY) ¶1. (SBU) On September 26, the trial of suspects charged in the 2002 murder of two Americans and one Indonesian near Timika, Papua, resumed. It emerged that there was either a misunderstanding or a disagreement between the prosecution and defense teams about the order of the day's testimony. The prosecution intended to call three Indonesian victim witnesses, drivers working for Freeport who had been present during the ambush. However, because of logistical difficulties involved in locating them and bringing them to Jakarta, the prosecution could not produce these witnesses until September 29. The prosecution suggested the day's session be used instead for defense witnesses. The defense team objected to this, saying their witnesses were not ready, and should not appear in any case until all victim witnesses had testified. The judge then adjourned the trial until September 29, instructing both the defense and the prosecution to have witnesses prepared to testify at that time. Ms. Patsy Spier attended the session as usual. ¶2. (SBU) There was also some discussion of the health of the defendant Hardi Sugimol, who, according to prosecutors, was recovering from an illness and therefore not present. They produced a letter from a doctor to this effect. This statement was contested by the defense, who claimed that Sugimol was sick but was not recovering because he had not received proper medical attention. The defense demanded to see the doctor's letter. In all, these proceedings took about an hour. ¶3. (SBU) Papuans attending the trial demonstrated loudly both before and during today's session. In the courtroom, they sang, chanted and ranted against the court, calling for the removal of the judge and promising to return in greater numbers on Friday. The prosecution advised us afterwards to take extra precautions for Ms. Spier when she attends the next session. We are taking the necessary steps. HEFFERN