TIMIKA TRIAL: WAMANG SENTENCED TO LIFE IN PRISON

UNCLAS JAKARTA 013142 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: N/A TAGS: PREL PGOV ASEC CASC KJUS PHUM ID SUBJECT: TIMIKA TRIAL: WAMANG SENTENCED TO LIFE IN PRISON REF: JAKARTA 12874 (TIMIKA DEFENDANTS REFUSE TO RESPOND) ¶1. (SBU) On November 7, Judge Adriani Nurdin sentenced Anthonious Wamang to life in prison for premeditated murder in connection with the August 31, 2002 murders of two Americans and one Indonesian in Timika, Papua. Although prosecutors had requested 20 years, Judge Nurdin cited several considerations in exercising her prerogative to impose a heavier sentence. First, she said that the evidence presented in court showed that Wamang had continued to shoot even though he had realized that the victims were civilians, not members of the Indonesian Armed Forces (TNI). This, Judge Nurdin said, was a severe violation of human rights. Secondly, Judge Nurdin said that the defendants' behavior in court amounted to obstruction of justice. Despite the court's attempts to meet the defendants' demands, they had refused to cooperate with the proceedings. Finally, she said that Wamang had carried out his crime as a member of a banned organization, the Papuan Independence Organization (OPM). ¶2. (SBU) Judge Nurdin sentenced Agustinus Anggaibak (AKA Johnny Kasomol) and Yulianus Deikme to seven years each for participating in premeditated murder. She sentenced the other defendants - Hardi Sugimol, Ishak Onawatme, Esau Onawatme, and Yairus Kiwak - to eighteen months for aiding and abetting an act of violence. These sentence are somewhat less than those recommended by prosecutors, who had called for 15 years for Angaibbak and Deikme, and eight years for the other co-defendants. ¶3. (SBU) The Central Jakarta courtroom was packed with press and noisy demonstrators. The session was also attended by Patsy Spier, the widow of Amcit victim Rick Spier. The defendants walked out before Judge Nurdin read the three-judge panel's verdict. ¶4. (SBU) Comment. From our point of view, this is an excellent outcome. In the coming days, we will research how long Wamang is likely to spend behind bars; it may not be life per se, but will be a very long time. Although the defense lawyers have announced their intention to appeal, their prospects for success are remote. Since the defense made no effort whatsoever to challenge the evidence against Wamang and his co-defendants, they will likely rely on political and procedural arguments which are unlikely to receive a sympathetic hearing. End comment. PASCOE