Dian Kuswandini, The Jakarta Post, Jakarta | Wed, 11/19/2008 11:15 AM | National
A court has rejected a prosecution request to present as evidence a document they claim links former spy Muchdi Purwopranjono to a military operation that led to his dismissal from the Army's Special Forces (Kopassus) and a vendetta against activist Munir Said Thalib.
Presiding judge Suharto ruled in favor of Muchdi and his lawyers, who objected to the prosecutors' request to tender the document as it had not been included in the case file.
The prosecutors said the document would support their indictment of former State Intelligent Agency (BIN) deputy head Muchdi, whom they accused of killing human rights activist Munir in 2004 out of revenge.
Munir led an investigation into the abduction of 13 anti-government activists in 1997-1998. According to the prosecutors,
Muchdi was dismissed from his position after a military court had found 11 Kopassus soldiers in the Rose Team guilty of the abductions.
"This document affirms the defendant was discharged from his post following the operation," prosecutor Cirus Sinaga told the South Jakarta District Court, referring to an official statement from the Defense Ministry which holds that Muchdi was among those responsible for the abduction.
The document, available on the ministry's official website, reads: "Based on the recommendation from the Officer's Disciplinary Council, the TNI chief had disciplined former Kopassus chief Let. Gen. (ret) Prabowo Subianto with a decision to retire him, as well as Kopassus officer Maj. Gen. Muchdi PR and Group Four chief Col. Inf. Chairawan with a decision to discharge them from their posts due to their failure to control their subordinates' activities."
In a heated court session, Muchdi denied his involvement in the operation.
"I had nothing to do with the Rose Team! I was removed from my position merely because of the succession of national leadership from (former president) Soeharto to Habibie!" Muchdi shouted.
Suharto, in an attempt to calm the two parties, said, "I allow prosecutors to put questions to the defendant, no more than that."
The court then continued to hear Muchdi's testimony.
Muchdi told the court he had never heard of Munir before the murder. He also denied Munir was the target of a BIN operation.
"I only heard his name after his death. Note that he became famous only after he died," Muchdi said.
"BIN never discussed Munir or his activities. He wasn't significant for BIN. We were concerned about bigger things like terrorism and separatism."
Muchdi also denied he had contacted former Garuda pilot Pollycarpus Budihari Priyanto on Sept. 7, 2004, the day Munir was found dead from arsenic poisoning aboard a Garuda flight. Pollycarpus is currently serving a 20-year jail term for his role in the murder.
According to the police dossier, 41 telephone conversations took place between Pollycarpus' and Muchdi's mobile phone numbers, including that on Sept. 7, 2004.
"That's not true. I was in Malaysia from Sept. 6 to Sept. 12, and I didn't bring the cell phone," said Muchdi, presenting his passport as proof.
"I didn't know Pollycarpus in the first place. I heard about Munir's death only from the media when I was in Malaysia."
A court has rejected a prosecution request to present as evidence a document they claim links former spy Muchdi Purwopranjono to a military operation that led to his dismissal from the Army's Special Forces (Kopassus) and a vendetta against activist Munir Said Thalib.
Presiding judge Suharto ruled in favor of Muchdi and his lawyers, who objected to the prosecutors' request to tender the document as it had not been included in the case file.
The prosecutors said the document would support their indictment of former State Intelligent Agency (BIN) deputy head Muchdi, whom they accused of killing human rights activist Munir in 2004 out of revenge.
Munir led an investigation into the abduction of 13 anti-government activists in 1997-1998. According to the prosecutors,
Muchdi was dismissed from his position after a military court had found 11 Kopassus soldiers in the Rose Team guilty of the abductions.
"This document affirms the defendant was discharged from his post following the operation," prosecutor Cirus Sinaga told the South Jakarta District Court, referring to an official statement from the Defense Ministry which holds that Muchdi was among those responsible for the abduction.
The document, available on the ministry's official website, reads: "Based on the recommendation from the Officer's Disciplinary Council, the TNI chief had disciplined former Kopassus chief Let. Gen. (ret) Prabowo Subianto with a decision to retire him, as well as Kopassus officer Maj. Gen. Muchdi PR and Group Four chief Col. Inf. Chairawan with a decision to discharge them from their posts due to their failure to control their subordinates' activities."
In a heated court session, Muchdi denied his involvement in the operation.
"I had nothing to do with the Rose Team! I was removed from my position merely because of the succession of national leadership from (former president) Soeharto to Habibie!" Muchdi shouted.
Suharto, in an attempt to calm the two parties, said, "I allow prosecutors to put questions to the defendant, no more than that."
The court then continued to hear Muchdi's testimony.
Muchdi told the court he had never heard of Munir before the murder. He also denied Munir was the target of a BIN operation.
"I only heard his name after his death. Note that he became famous only after he died," Muchdi said.
"BIN never discussed Munir or his activities. He wasn't significant for BIN. We were concerned about bigger things like terrorism and separatism."
Muchdi also denied he had contacted former Garuda pilot Pollycarpus Budihari Priyanto on Sept. 7, 2004, the day Munir was found dead from arsenic poisoning aboard a Garuda flight. Pollycarpus is currently serving a 20-year jail term for his role in the murder.
According to the police dossier, 41 telephone conversations took place between Pollycarpus' and Muchdi's mobile phone numbers, including that on Sept. 7, 2004.
"That's not true. I was in Malaysia from Sept. 6 to Sept. 12, and I didn't bring the cell phone," said Muchdi, presenting his passport as proof.
"I didn't know Pollycarpus in the first place. I heard about Munir's death only from the media when I was in Malaysia."
