Dian Kuswandini, The Jakarta Post, Jakarta | Wed, 09/03/2008 10:50 AM | Headlines
Former senior intelligence official Muchdi Purwopranjono pleaded not guilty Tuesday to the 2004 murder of a prominent human rights campaigner, claiming the charges against him were flawed.
Instead, the former State Intelligence Agency (BIN) deputy chief blamed ex-BIN agent Budi Santoso for the assassination of Munir Said Thalib.
A team of lawyers for Muchdi, 59, said the indictment, which laid out Muchdi's motives for the murder, was based on "assumptions".
The charges were derived from the storybook version of human rights activists, they claimed.
"According to prosecutors, Muchdi killed Munir out of ill will and revenge. But how do they know about Muchdi's feelings?" defense lawyer Rusdianto asked the packed South Jakarta District Court.
In the indictment, prosecutors said Muchdi sought revenge against Munir, who was held responsible for the defendant's removal as chief of the Army's Special Forces (Kopassus) only 52 days after his inauguration in 1998.
The prosecutors said Munir had revealed in an investigation by the Commission on Missing Persons and Victims of Violence (Kontras) that several Kopassus soldiers were involved in the abduction of 13 activists critical of the government between 1997 and 1998. The elite force members, from the Rose Team, were eventually found guilty by the military court.
The dismissal, the prosecutors added, was a slap in the face for Muchdi because it ended his military career.
"All of the information (presented) was wrong. Muchdi's military career didn't end at all. In fact, on the same day of his replacement he was promoted to Army deputy inspector general," Rusdianto said, adding his client was moved from his position 59 days after his inauguration, not 52 days as stated by the prosecutors.
"Moreover, Muchdi's replacement was not because of the abduction incident but merely because of the change in leadership from (late former president) Soeharto to (former president) Habibie," he said.
Rusdianto also said Muchdi was not Kopassus chief at the time of the abductions, but was at that time still the Tanjungpura military commander for Kalimantan, having "no connection to the incident".
The defense lawyers instead accused BIN agent Budi Santoso, who had previously said Muchdi was responsible for the murder.
Prosecutors had earlier quoted the testimony of Budi, who admitted to having been told by pilot Pollycarpus Budihari Priyanto that the order to kill Munir had come from Muchdi.
"Budi's subordinate, Saksi Kawan, said in his testimony on June 13, 2008, that Budi had ordered him to monitor, track and hunt -- once again, hunt -- Kontras activists from their offices to their homes, as well as observe all Kontras' visitors," another of Muchdi's lawyers Luthfie Hakim said.
"Therefore, Budi had a stronger motive (than Muchdi), and he accused Muchdi in order to clear himself (of the crime)."
The lawyers demanded the court order the prosecutors to present Budi in the next trial to cross-examine his testimony.
The lawyers further said the prosecutors' statement that Muchdi paid a total of Rp 17 million to Pollycarpus was "weak" because they failed to mention the defendant's purpose in giving the money.
"Was it for buying arsenic, spying on Munir, for Pollycarpus' pocket money ... or what?" Luthfie asked.
Pollycarpus was jailed for 20 years for his role in the murder, which took place some time during a Garuda flight from Jakarta to Amsterdam on Sept. 6, 2004.
"The prosecutors said the murder was carried out in Changi airport in Singapore but in other parts of the indictment it was mentioned that it took place on the plane," Luthfie said.
The defense team said the international community had pressured President Susilo Bambang Yudhoyono to prosecute someone other than Pollycarpus.
The lawyers said the government received a letter signed by 50 members of the U.S. Congress and a letter from the EU parliament, all asking why only Pollycarpus had been brought to trial.
"This is an indication of foreign intervention in Indonesian politics and jurisdiction," another lawyer Wirawan Adnan said.
The court adjourned the trial until Thursday to hear the prosecution's response.
Former senior intelligence official Muchdi Purwopranjono pleaded not guilty Tuesday to the 2004 murder of a prominent human rights campaigner, claiming the charges against him were flawed.
Instead, the former State Intelligence Agency (BIN) deputy chief blamed ex-BIN agent Budi Santoso for the assassination of Munir Said Thalib.
A team of lawyers for Muchdi, 59, said the indictment, which laid out Muchdi's motives for the murder, was based on "assumptions".
The charges were derived from the storybook version of human rights activists, they claimed.
"According to prosecutors, Muchdi killed Munir out of ill will and revenge. But how do they know about Muchdi's feelings?" defense lawyer Rusdianto asked the packed South Jakarta District Court.
In the indictment, prosecutors said Muchdi sought revenge against Munir, who was held responsible for the defendant's removal as chief of the Army's Special Forces (Kopassus) only 52 days after his inauguration in 1998.
The prosecutors said Munir had revealed in an investigation by the Commission on Missing Persons and Victims of Violence (Kontras) that several Kopassus soldiers were involved in the abduction of 13 activists critical of the government between 1997 and 1998. The elite force members, from the Rose Team, were eventually found guilty by the military court.
The dismissal, the prosecutors added, was a slap in the face for Muchdi because it ended his military career.
"All of the information (presented) was wrong. Muchdi's military career didn't end at all. In fact, on the same day of his replacement he was promoted to Army deputy inspector general," Rusdianto said, adding his client was moved from his position 59 days after his inauguration, not 52 days as stated by the prosecutors.
"Moreover, Muchdi's replacement was not because of the abduction incident but merely because of the change in leadership from (late former president) Soeharto to (former president) Habibie," he said.
Rusdianto also said Muchdi was not Kopassus chief at the time of the abductions, but was at that time still the Tanjungpura military commander for Kalimantan, having "no connection to the incident".
The defense lawyers instead accused BIN agent Budi Santoso, who had previously said Muchdi was responsible for the murder.
Prosecutors had earlier quoted the testimony of Budi, who admitted to having been told by pilot Pollycarpus Budihari Priyanto that the order to kill Munir had come from Muchdi.
"Budi's subordinate, Saksi Kawan, said in his testimony on June 13, 2008, that Budi had ordered him to monitor, track and hunt -- once again, hunt -- Kontras activists from their offices to their homes, as well as observe all Kontras' visitors," another of Muchdi's lawyers Luthfie Hakim said.
"Therefore, Budi had a stronger motive (than Muchdi), and he accused Muchdi in order to clear himself (of the crime)."
The lawyers demanded the court order the prosecutors to present Budi in the next trial to cross-examine his testimony.
The lawyers further said the prosecutors' statement that Muchdi paid a total of Rp 17 million to Pollycarpus was "weak" because they failed to mention the defendant's purpose in giving the money.
"Was it for buying arsenic, spying on Munir, for Pollycarpus' pocket money ... or what?" Luthfie asked.
Pollycarpus was jailed for 20 years for his role in the murder, which took place some time during a Garuda flight from Jakarta to Amsterdam on Sept. 6, 2004.
"The prosecutors said the murder was carried out in Changi airport in Singapore but in other parts of the indictment it was mentioned that it took place on the plane," Luthfie said.
The defense team said the international community had pressured President Susilo Bambang Yudhoyono to prosecute someone other than Pollycarpus.
The lawyers said the government received a letter signed by 50 members of the U.S. Congress and a letter from the EU parliament, all asking why only Pollycarpus had been brought to trial.
"This is an indication of foreign intervention in Indonesian politics and jurisdiction," another lawyer Wirawan Adnan said.
The court adjourned the trial until Thursday to hear the prosecution's response.
