TIMIKA TRIAL LIKELY IN MID-JULY

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 007556

SIPDIS

SIPDIS

FBI PLEASE PASS CTD/GAO - UC MONTOOTH
SECSTATE FOR EAP/MTS, DS/DSS, DS/IP/EAT, DS/EAP/ITA, AND
CA/OCS/ACS

E.O. 12958: DECL: 06/14/2016
TAGS: PREL PGOV ASEC CASC KJUS PHUM ID
SUBJECT: TIMIKA TRIAL LIKELY IN MID-JULY

REF: JAKARTA 2985 (TIMIKA CASE NEARING PROSECUTION
PHASE)

JAKARTA 00007556 001.2 OF 002


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


1. (C/NF) Summary. A senior official in the General Crimes
division of the Attorney General's Office (AGO) assured us on
June 14 that the prosecution of seven persons in connection
with the August 31, 2002 killings of two Americans in Timika,
Papua, is still on track. The prosecution's dossiers will be
turned over to the Central Jakarta Court in the week of June
27, and we expect the trial to commence in mid-July. It will
likely run from two to three months. Participation by U.S.
witnesses, both experts and victims, will be determined by
the judge in consultation with the prosecution. The AGO
assured us that allowances will be made for witnesses
arriving from overseas, and that sworn testimony in written
form can be introduced in the cases of witnesses unable to
appear. We will meet June 15 with the team of prosecutors
assigned to suspect Anthonious Wamang, who was indicted in
Washington, D.C. District Court in connection with the
murders. End summary


2. (C/NF) On June 14, Poloff, Legatt, and DOJ Attorney
Advisor met with Domu Sihite, Deputy Director for Prosecution
of General Crimes in the Office of the Attorney General, to
discuss the progress of the Timika case. Sihite reported
that the case is on track. Preparation of the prosecution's
dossier should be complete by June 16. The following week,
the dossier will undergo a final review by prosecution staff
before being handed over to Central Jakarta court. This
should occur during the week of June 27. Within ten days
after that, the court will assign a panel of judges to the
case (most likely three) and set a date for the beginning of
the trial. Sihite said that trial can begin as soon as three
days after the court's announcement, but it will more likely
be in one to two weeks. This means that the trial will most
likely begin in mid-July. The judge will determine, in
consultation with the prosecution, how many times a week the
court will be in session. In Indonesia, this is usually one
to two sessions per week. We urged that out of consideration
for witnesses traveling from overseas, sessions be held as
frequently as possible. The trial may last as long as three
months depending on the number of witnesses who are called,
according to Sihite.


3. (C/NF) The suspects in the case will be tried in two
groups. Since the panel of judges may well be the same for
both groups, the two trials may be held concurrently, with
sessions meeting on different days of the week. Separate
prosecution teams will be assigned for each of the two
trials. Antonious Wamang will be tried on charges of
premeditated murder, manslaughter, assault/maltreatment, and
a firearms charge. Premeditated murder, the most serious
charge, theoretically can carry the death penalty, but it can
also receive imprisonment for up to twenty years. The
maximum imprisonment for manslaughter is fifteen years.


4. (C/NF) Six other suspects in the case will be tried
separately on charges of assisting the murder and being
accomplices to murder. There are several somewhat vague and
conflicting provisions regarding the potential sentence for
these charges, but the maximum sentence is between seven and
fifteen years.


5. (C/NF) Police investigators are still preparing the
dossier for another suspect, Johannes Kasomol, according to
Sihite. Kasamol's account of his role does not track with
statements made by any of the other suspects, and police
released him on bail in the Timika area about three weeks
ago. Kasomol must report to police twice weekly. It is
unclear what charges will ultimately be brought against him.


6. (C/NF) Participation by U.S. witnesses, both experts and
victims, will be determined by the judges in consultation
with the prosecution. Formally, the judge can issue a
summons for a witness to appear within one week. However, if
there are mitigating circumstances, such as witnesses
traveling from overseas, notice can be given further in

JAKARTA 00007556 002.2 OF 002


advance at the judge's discretion, according to Sihite.
Sihite also confirmed that under Indonesian law, sworn
witness statements are admissible when the witness is not
able to appear in person.


7. (C/NF) We will meet June 15 with the team of prosecutors
assigned to the case of Anthonious Wamang. At that time, we
will urge that every accommodation be made for U.S. citizen
witnesses, especially that court sessions be held as
frequently as possible once the trial commences.
AMSELEM