Identifier
Created
Classification
Origin
07JAKARTA2408
2007-08-31 07:38:00
CONFIDENTIAL
Embassy Jakarta
Cable title:
MUNIR: PROSECUTORS CONTINUE TO PRESSS HARD
how-toVZCZCXRO5344 PP RUEHCHI RUEHDT RUEHHM DE RUEHJA #2408/01 2430738 ZNY CCCCC ZZH P 310738Z AUG 07 FM AMEMBASSY JAKARTA TO RUEHC/SECSTATE WASHDC PRIORITY 6031 INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS RUEHBY/AMEMBASSY CANBERRA 1088 RUEHTC/AMEMBASSY THE HAGUE 3341 RHHJJPI/USPACOM HONOLULU HI RUEAIIA/CIA WASHDC RUEKJCS/SECDEF WASHDC RUEAWJA/DEPT OF JUSTICE WASHDC RHEHNSC/NSC WASHDC
C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 002408
SIPDIS
SIPDIS
DEPT. FOR EAP, EAP/MTS, EAP/MLS, DRL/PHD
DOJ FOR FBI
E.O. 12958: DECL: 08/31/2017
TAGS: PGOV PHUM PINS KJUS ID
SUBJECT: MUNIR: PROSECUTORS CONTINUE TO PRESSS HARD
REF: A) JAKARTA 2111 B) JAKARTA 1223
Classified By: Pol/C Joseph Legend Novak, Reasons 1.4 (B,D).
C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 002408
SIPDIS
SIPDIS
DEPT. FOR EAP, EAP/MTS, EAP/MLS, DRL/PHD
DOJ FOR FBI
E.O. 12958: DECL: 08/31/2017
TAGS: PGOV PHUM PINS KJUS ID
SUBJECT: MUNIR: PROSECUTORS CONTINUE TO PRESSS HARD
REF: A) JAKARTA 2111 B) JAKARTA 1223
Classified By: Pol/C Joseph Legend Novak, Reasons 1.4 (B,D).
1. (C) Summary: In an August 29 hearing, prosecutors in the
case of murdered human rights activist Munir presented
testimony to refute a key witness who had recanted his
statement to police. A forensic expert also confirmed the
time that police say the alleged murderer, Pollycarpus,
poisoned Munir. These witnesses appear to have strengthened
the case for the Supreme Court to retry Pollycarpus. End
Summary.
Poking Holes in a Recantation
--------------
2. (SBU) In an August 29 hearing attended by poloff, the
Attorney General's Office cross-examined a key witness in the
Munir murder, Ongen Latuihamalo (known as Ongen). In earlier
testimony, Ongen had recanted his statement to police that he
was with Munir and Pollycarpus in Singapore at the time
police allege Pollycarpus poisoned Munir on September 7, 2004
(ref A). During cross examination in Central Jakarta Court,
Ongen claimed that police investigator Brig. Gen. Mathius
Salempang had pressured him into making his original
statement by threatening to make him a suspect in the case.
Ongen also said he was forced to remain in police custody for
the duration of his questioning and denied that police had
held him under voluntary witness protection.
3. (SBU) Prosecutors called two police investigators to
refute Pollycarpus' recantation. Salempang said Ongen had
requested that the police place him in protective custody and
that his lawyer, Oshak Sihotang, also presented a written
request for protective custody. Ongen decided to testify and
had his attorney with him during almost all the interrogation
sessions, Salempang asserted. Finally, Salempang testified
that Ongen and his attorney both signed Ongen's statement,
affirming that it was given voluntarily.
4. (SBU) An officer who was present at all of the
interrogations, Senior Commander Pambudi Pamungkas, confirmed
that Ongen's statement was made without coercion. He also
confirmed the presence of an attorney.
5. (C) Reviewing Ongen's testimony, human rights lawyer Usman
Hamid, who is representing Munir's widow Suciwati in seeking
justice, told poloff that police had told him that they
originally had strong evidence implicating Ongen in the
murder. However, because police had only one other witness
who saw Munir with Pollycarpus, police needed Ongen as a
witness instead, Hamid surmised. A "Tempo" newspaper
reporter covering the trial also told poloff that his police
sources told him that Ongen is a suspect and that Ongen was
an undercover National Intelligence Agency (BIN) agent.
Forensic Expert Testifies
--------------
6. (SBU) A forensic toxicologist, I Made Agus Genggeng
Wirasuta, also testified at the hearing. According to his
analysis of the arsenic toxicology report, Munir's level of
arsenic poisoning would have killed him between eight and
nine hours after being poisoned. This evidence is key to
proving that Munir was poisoned while transiting in
Singapore. Still, Wirasuta has no expertise in arsenic
poisoning so a more authoritative forensic expert will be
needed if the case goes to the Supreme Court. Police could
fly in either the Dutch forensic scientist who did the
autopsy in Holland or the private American expert who
examined Munir's arsenic level at a Seattle lab, Hamid told
poloff.
Prosecutors get High Marks
--------------
7. (C) The next hearing is scheduled for September 12. The
defense will have a chance then to counter the prosecution's
case. After the defense rests, the court will decide whether
to hand the case to the Supreme Court to retry Pollycarpus.
At this point, human rights activists are giving the
prosecution very high marks. The latest hearing appears to
have strengthened the case for a retrial of Pollycarpus.
(Note: Pollycarpus was released on December 25, 2007, after
the Supreme Court acquitted him of murder charges, having
JAKARTA 00002408 002 OF 002
served time for the lesser charge of document falsification.)
HUME
SIPDIS
SIPDIS
DEPT. FOR EAP, EAP/MTS, EAP/MLS, DRL/PHD
DOJ FOR FBI
E.O. 12958: DECL: 08/31/2017
TAGS: PGOV PHUM PINS KJUS ID
SUBJECT: MUNIR: PROSECUTORS CONTINUE TO PRESSS HARD
REF: A) JAKARTA 2111 B) JAKARTA 1223
Classified By: Pol/C Joseph Legend Novak, Reasons 1.4 (B,D).
1. (C) Summary: In an August 29 hearing, prosecutors in the
case of murdered human rights activist Munir presented
testimony to refute a key witness who had recanted his
statement to police. A forensic expert also confirmed the
time that police say the alleged murderer, Pollycarpus,
poisoned Munir. These witnesses appear to have strengthened
the case for the Supreme Court to retry Pollycarpus. End
Summary.
Poking Holes in a Recantation
--------------
2. (SBU) In an August 29 hearing attended by poloff, the
Attorney General's Office cross-examined a key witness in the
Munir murder, Ongen Latuihamalo (known as Ongen). In earlier
testimony, Ongen had recanted his statement to police that he
was with Munir and Pollycarpus in Singapore at the time
police allege Pollycarpus poisoned Munir on September 7, 2004
(ref A). During cross examination in Central Jakarta Court,
Ongen claimed that police investigator Brig. Gen. Mathius
Salempang had pressured him into making his original
statement by threatening to make him a suspect in the case.
Ongen also said he was forced to remain in police custody for
the duration of his questioning and denied that police had
held him under voluntary witness protection.
3. (SBU) Prosecutors called two police investigators to
refute Pollycarpus' recantation. Salempang said Ongen had
requested that the police place him in protective custody and
that his lawyer, Oshak Sihotang, also presented a written
request for protective custody. Ongen decided to testify and
had his attorney with him during almost all the interrogation
sessions, Salempang asserted. Finally, Salempang testified
that Ongen and his attorney both signed Ongen's statement,
affirming that it was given voluntarily.
4. (SBU) An officer who was present at all of the
interrogations, Senior Commander Pambudi Pamungkas, confirmed
that Ongen's statement was made without coercion. He also
confirmed the presence of an attorney.
5. (C) Reviewing Ongen's testimony, human rights lawyer Usman
Hamid, who is representing Munir's widow Suciwati in seeking
justice, told poloff that police had told him that they
originally had strong evidence implicating Ongen in the
murder. However, because police had only one other witness
who saw Munir with Pollycarpus, police needed Ongen as a
witness instead, Hamid surmised. A "Tempo" newspaper
reporter covering the trial also told poloff that his police
sources told him that Ongen is a suspect and that Ongen was
an undercover National Intelligence Agency (BIN) agent.
Forensic Expert Testifies
--------------
6. (SBU) A forensic toxicologist, I Made Agus Genggeng
Wirasuta, also testified at the hearing. According to his
analysis of the arsenic toxicology report, Munir's level of
arsenic poisoning would have killed him between eight and
nine hours after being poisoned. This evidence is key to
proving that Munir was poisoned while transiting in
Singapore. Still, Wirasuta has no expertise in arsenic
poisoning so a more authoritative forensic expert will be
needed if the case goes to the Supreme Court. Police could
fly in either the Dutch forensic scientist who did the
autopsy in Holland or the private American expert who
examined Munir's arsenic level at a Seattle lab, Hamid told
poloff.
Prosecutors get High Marks
--------------
7. (C) The next hearing is scheduled for September 12. The
defense will have a chance then to counter the prosecution's
case. After the defense rests, the court will decide whether
to hand the case to the Supreme Court to retry Pollycarpus.
At this point, human rights activists are giving the
prosecution very high marks. The latest hearing appears to
have strengthened the case for a retrial of Pollycarpus.
(Note: Pollycarpus was released on December 25, 2007, after
the Supreme Court acquitted him of murder charges, having
JAKARTA 00002408 002 OF 002
served time for the lesser charge of document falsification.)
HUME