TIMIKA TRIAL: DEFENDANTS REFUSE TO TESTIFY

C O N F I D E N T I A L JAKARTA 012161

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,
CA/OCS/ACS

E.O. 12958: DECL: 10/03/2016
TAGS: PREL PGOV ASEC CASC KJUS PHUM ID
SUBJECT: TIMIKA TRIAL: DEFENDANTS REFUSE TO TESTIFY

REF: JAKARTA 12099 (LAST DAY OF VICTIM AND EXPERT

TESTIMONY)

Classified By: Marc L. Desjardins, Political Counselor. Reason: 1.4 (b
, d)


1. (SBU) The trial of the suspects in the 2002 murder of two
Americans and one Indonesian near Timika, Papua resumed on
October 3. The opening of the session was delayed by an hour
because the head judge in the Timika case also served in the
morning session of a circus-like, high-profile corruption
trial involving senior GOI figures. The October 3 session
was to be devoted to cross-examination of the defendants,
including Anthonious Wamang.


2. (SBU) The defendants' legal counsel was not present for
the session. Wamang, speaking through an Amungme language
interpreter, refused to testify for several reasons. Wamang
claimed that, first, the authorities had not yet met the
defendants' demand that co-conspirator Hardi Sugimol be given
proper medical attention (reftel). He also protested that he
was suffering from stress because of taunting by other jail
inmates. Wamang was seconded by Eshak Ondawatme, who said
that he had been a human rights activist before his arrest
and that he would not testify until these human
rights-related issues were addressed. With this, the
defendants were removed from the courtroom.


3. (SBU) The judge then said she would not accept further
delays, and called on the prosecution to read written
statements from two victim witnesses not able to appear in
court. The prosecution read aloud statements from Freeport
driver Mastur and Freeport security official Andrew Neal.
Following this, the prosecution read written statements
(Berita Acara Pemeriksaan, or "Report of Investigation
Proceedings") that each of the defendants had made to police
while in custody. These statements were short, and included
accounts of meetings with FBI investigators following the
shooting. The day's session concluded at about 3:30 p.m.
The judge said that the trial would resume on Tuesday,
October 10, at which time the prosecution would read its
sentencing request.


4. (C) With regard to the issue of Hardi Sugimol's illness,
Poloff and Legatt met with lead prosecutor Anita Asterida on
October 2. We urged that Sugimol be afforded all medical
treatment that he is entitled to under Indonesian law;
otherwise, the defense might have grounds to challenge the
authorities' handling of the case on human rights grounds.
Ms. Asterida acknowledged that Sugimol was seriously ill and
had already been hospitalized once in late August. At that
time, he was diagnosed with tuberculosis, hepatitis, HIV
infection, and pericardial effusion. She said Sugimol was
being treated by a prison doctor, but that she would meet
with the judge on October 4 to discuss the matter, including
whether Sugimol should be hospitalized again. She noted that
Sugimol's defense lawyer had neither visited Sugimol in jail
nor made any attempt to arrange for additional medical
treatment. We note that Indonesian law does not allow for
charges to be dropped for reasons of illness on the part of
the defendant, although legal proceedings against a sick
defendant can be suspended while he is undergoing treatment.


5. (C) Comment. We regard today's developments as yet
another display of the defense's effort to derail the trial
by means of obstruction, resistance and general
non-cooperation. The judge's patience is reaching its limit,
as demonstrated by her decision to proceed without
cross-examination of the defendants. End comment.
HEFFERN