Court to Allow Video Link Testimony in Bashir Trial
Heru Andriyanto | March 11, 2011
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A Jakarta court on Thursday approved a request by 16 witnesses in the
trial of firebrand cleric Abu Bakar Bashir to testify via video
teleconferencing because of security concerns.
The witnesses are
codefendants in a case related to a paramilitary training camp in Aceh
that Bashir is accused of funding and supporting.
Some of the
witnesses have already been convicted on terrorism charges in connection
with the Aceh camp, which was uncovered by police in February last
year.
Judge Herri Swantoro told the South Jakarta District Court the ruling was in accordance with witness protection laws.
“Witnesses who feel they are under threat are allowed to testify without being present in court,” he said.
According
to Herri, the 16 witnesses had written letters to the court requesting
they be allowed to testify at a venue away from the defendant.
“We
have decided to fully approve the witnesses’ requests … to testify
without having to face the defendant in person, using the
teleconferencing technology,” Herri said.
The court appointed
one of the judges to supervise the process and made provisions for a
lawyer to accompany the witnesses in the teleconferencing room to ensure
fairness, he said.
The prosecution said the witnesses in
question would testify from the headquarters of the police’s elite
Mobile Brigade (Brimob) unit in Depok.
The decision on the video
link was taken after the same panel of five judges said during a
preliminary hearing earlier in the day that the trial should continue
despite objections from Bashir’s camp that his case was politically
motivated.
“There is nothing in the indictment that explicitly
shows the case has any political motive. The charges against the
defendant are terrorism and nothing else,” one of the judges said.
The
panel said the court had the authority and jurisdiction to try Bashir
based on an order from the Supreme Court and approvals from the district
courts in Tasikmalaya and Sukoharjo.
“We find that the
objections from the defendant cannot be accepted and order the
prosecution to continue with the examination of the case,” Herri said.
Bashir’s
lawyers say they are opposed to the testimony being delivered by the
witnesses, many of whom are followers or sympathizers of the cleric, via
teleconferencing.
“Video link testimony is not recognized by
the procedures in the Criminal Code or the Antiterror Law,” said one of
Bashir’s lawyers, Munarman, who is also a senior member of hard-line
Islamic Defenders Front (FPI).
“Such a process has been
deliberately introduced so that witnesses cannot testify freely. This
court is tightly guarded by armed police officers although Jakarta is
not classified as an area of conflict, so citing security as the reason
is also groundless.”
Munarman said the witnesses would not be
able to deliver independent testimony because they would be intimidated
by the armed officers.
On the sidelines of the hearing, members
of Jamaah Anshorut Tauhid, a fundamentalist group founded by Bashir,
distributed a signed statement from one of Bashir’s codefendants,
Khairul Ghazhali, saying he was forced by police to testify that the
cleric had taken some of the money stolen during an armed robbery at a
CIMB Niaga Bank branch in Medan.
“I offer my apology and regret my mistake,” the statement read. “It was not true and was made under duress.”
The statement said Khairul had told investigators Bashir took a 20 percent cut from the CIMB Niaga Bank heist.
The
hearing was adjourned until Monday, when witnesses will be
cross-examined. The prosecution has asked for two hearings per week
because more than 100 witnesses have been called to give testimony.
Bashir
remained defiant, saying he could only be tried under Islamic law. “I
will never accept my conviction unless it is made under the Islamic
law,” the 72-year-old told reporters from his cell. “I reject my
detention and I never signed any document on my arrest.”
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