Dian Kuswandini, The Jakarta Post, Jakarta | Fri, 11/14/2008 11:03 AM | Headlines
Several witnesses have testified in favor of former senior intelligence officer Muchdi Purwopranjono, unraveling the prosecution's claim the defendant's motive for murdering a prominent human rights activist in 2004 was revenge.
In their indictment, prosecutors said Muchdi, a former deputy chief of the State Intelligence Agency (BIN), sought revenge against Munir Said Thalib, who was held responsible for the defendant's ouster as the chief of the Army's Special Forces (Kopassus).
The dismissal came after a military court ruled against Kopassus soldiers in the Rose Team, who were found guilty of abducting 13 activists staunchly critical of the government in 1997-1998, prosecutors claimed. Munir had led an investigation into the abduction when he was chairing the Commission on Missing Persons and Victims of Violence (Kontras).
In his testimony Thursday, former Military Police chief Maj. Gen. (ret) Djasri Marin said Muchdi's name had never come up during his team's internal investigation into the actions of the Rose Team.
"The only name mentioned was (Muchdi's predecessor) Prabowo Subianto," Djasri told the South Jakarta District Court.
"As far as I remember, the Rose Team did not exist during Muchdi's tenure (as the Kopassus chief)," he added.
Another witness, Col. (ret) Mochtar Zein, former head of the Kopassus legal division, echoed Djasri's statement, saying Muchdi had never been subject to a military investigation by the Officer's Honorary Council (DKP) into the Rose Team's involvement in the abductions.
According to Mochtar, Muchdi was not dismissed as Kopassus chief but was promoted to a higher position as a deputy inspector general at the Indonesian Military (TNI).
However, the testimonies of Djasri and Mochtar contradicted the Defense Ministry's official stance on the abduction, which holds that Muchdi was among those responsible for the incident.
Based on the DKP's recommendation, "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 remove them from their posts following their failures to control their subordinates' activities", said a statement published on the ministry's website.
Another witness at the hearing Thursday was criminal law expert Indiarto Seno Aji of the University of Indonesia, who told the court that outlining a motive was not necessary in building a criminal case.
"However, if the prosecutors insist on bringing a defendant's motive, they will have to prove it," he said.
Indiarto further said the prosecution required at least two witnesses, as well as evidence, to bring a case.
"This applies everywhere in the world," said Indiarto, who testified at the trial as a witness for the defense.
He was apparently referring to the prosecution's sole witness BIN agent Budi Santoso, who accused Muchdi of plotting Munir's murder.
Indiarto further supported Muchdi's case by saying evidence such as electronic data cannot be used to prosecute someone "because it is subjective and tends to harm certain parties".
In past trial sessions, prosecutors presented records of incoming and outgoing calls between Muchdi, Budi and former Garuda pilot Pollycarpus Budihari Priyanto before and after the murder.
Pollycarpus was sentenced to 20 years in prison for his role in the murder. Munir was found dead on board a Garuda flight on Sept. 7, 2004, after stopping over at Singapore's Changi Airport.
Several witnesses have testified in favor of former senior intelligence officer Muchdi Purwopranjono, unraveling the prosecution's claim the defendant's motive for murdering a prominent human rights activist in 2004 was revenge.
In their indictment, prosecutors said Muchdi, a former deputy chief of the State Intelligence Agency (BIN), sought revenge against Munir Said Thalib, who was held responsible for the defendant's ouster as the chief of the Army's Special Forces (Kopassus).
The dismissal came after a military court ruled against Kopassus soldiers in the Rose Team, who were found guilty of abducting 13 activists staunchly critical of the government in 1997-1998, prosecutors claimed. Munir had led an investigation into the abduction when he was chairing the Commission on Missing Persons and Victims of Violence (Kontras).
In his testimony Thursday, former Military Police chief Maj. Gen. (ret) Djasri Marin said Muchdi's name had never come up during his team's internal investigation into the actions of the Rose Team.
"The only name mentioned was (Muchdi's predecessor) Prabowo Subianto," Djasri told the South Jakarta District Court.
"As far as I remember, the Rose Team did not exist during Muchdi's tenure (as the Kopassus chief)," he added.
Another witness, Col. (ret) Mochtar Zein, former head of the Kopassus legal division, echoed Djasri's statement, saying Muchdi had never been subject to a military investigation by the Officer's Honorary Council (DKP) into the Rose Team's involvement in the abductions.
According to Mochtar, Muchdi was not dismissed as Kopassus chief but was promoted to a higher position as a deputy inspector general at the Indonesian Military (TNI).
However, the testimonies of Djasri and Mochtar contradicted the Defense Ministry's official stance on the abduction, which holds that Muchdi was among those responsible for the incident.
Based on the DKP's recommendation, "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 remove them from their posts following their failures to control their subordinates' activities", said a statement published on the ministry's website.
Another witness at the hearing Thursday was criminal law expert Indiarto Seno Aji of the University of Indonesia, who told the court that outlining a motive was not necessary in building a criminal case.
"However, if the prosecutors insist on bringing a defendant's motive, they will have to prove it," he said.
Indiarto further said the prosecution required at least two witnesses, as well as evidence, to bring a case.
"This applies everywhere in the world," said Indiarto, who testified at the trial as a witness for the defense.
He was apparently referring to the prosecution's sole witness BIN agent Budi Santoso, who accused Muchdi of plotting Munir's murder.
Indiarto further supported Muchdi's case by saying evidence such as electronic data cannot be used to prosecute someone "because it is subjective and tends to harm certain parties".
In past trial sessions, prosecutors presented records of incoming and outgoing calls between Muchdi, Budi and former Garuda pilot Pollycarpus Budihari Priyanto before and after the murder.
Pollycarpus was sentenced to 20 years in prison for his role in the murder. Munir was found dead on board a Garuda flight on Sept. 7, 2004, after stopping over at Singapore's Changi Airport.
