Cablegate: Timika Trial Sessions Proceed Without Defendants

VZCZCXRO0621
OO RUEHCHI RUEHDT RUEHHM
DE RUEHJA #0297 2271045
ZNR UUUUU ZZH
O 151045Z AUG 06
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8810
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS IMMEDIATE
RUEHPB/AMEMBASSY PORT MORESBY IMMEDIATE 3209
RUCNFB/DIR FBI WASHDC IMMEDIATE
RUEAWJB/DEPT OF JUSTICE WASHDC IMMEDIATE
RHEHNSC/NSC WASHDC IMMEDIATE
RHHMUNA/USCINCPAC HONOLULU HI IMMEDIATE

UNCLAS JAKARTA 010297

SIPDIS

SENSITIVE
SIPDIS

FBI PLS PASS TO CTD/ITOS I, CTD/ITOS II, GOU
SECSTATE FOR EAP/MTS AND DS/DSS, DS/IP/EAP, DS/EAP/ITA, AND
CA/OCS/ACS

E.O. 12958: N/A
TAGS: PREL PGOV ASEC CASC KJUS ID
SUBJECT: TIMIKA TRIAL SESSIONS PROCEED WITHOUT DEFENDANTS

REF: A. JAKARTA 9996 TIMIKA TRIAL: DEFENSE FILES EXCEPTION
B. JAKARTA 9697 TIMIKA TRIAL: DEFENDANTS
UNCOOPERATIVE
C. JAKARTA 8958 TIMIKA TRIAL OPENS

1. (U) The trial of the seven men accused of killing two
Amcits in Timika, Papua in 2002 crept along August 15 in
spite of the defendants' continued refusal to take their
assigned seats in the court and the absence of defense
attorney Johnson Panjaitan. As the session opened, Judge
Nurdin read from a letter submitted by Panjaitan stating that
he had failed to convince the defendants to stand trial as
the court had instructed and therefore considered his own
presence in the courtroom to be unnecessary. At that point
Judge Nurdin asked the defendants to take their seats in the
prisoners' docket. When they again refused, the Judge
ordered them removed from the courtroom and stated that the
session would proceed without the defendants.

2. (SBU) The prosecution, led by Anita Asterida and Fernando
Siagian, then presented its response to the "exception"
lodged by the defense on August 8 (ref A). They refuted the
defense arguments point by point, arguing that the trial was
transferred from Timika to Jakarta in accordance with the law
and that the indictment conformed to legal standards. They
concluded by requesting that the Judge set aside the
"exception" and allow the trial to proceed. Asterida remains
confident that the judges will rule against the "exception"
and allow witness examination to begin whether or not the
defendants cooperate.

3. (U) As in previous sessions, a group of 20-25 Papuans made
a public display of support in the courtroom, standing up and
singing the Papuan national anthem as the defendants were
brought in. The trial continues to attract attention from
the Indonesian media. The next session is scheduled for
August 29.
PASCOE

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