Judges ban defendant's kin from courtroom in murder trial

Mon, 09/29/2008 10:52 AM  |  East Java

The Jombang District Court has insisted the trial of a defendant in a murder case will continue despite new evidence and mounting protests from his lawyers and relatives.

The panel of judges trying Maman Sugianto, alias Sugik, has ordered police to guard the courtroom and to permanently bar the defendant's relatives from reentering after they were judged to have defamed proceedings.

"Please, escort her out of the courtroom. Once again pak police officer, this is an order by the panel of judges," presiding judge Kartijono said on Friday as quoted by Anatara news agency.

The defendant's aunt, Sulastri, along with his mother and several other relatives, had several times made "loud noises" during the court session in protest of the panel's decision to continue the trial despite objections by Sugik's lawyer Narisqa.

The lawyer, who led a team of defendant's representing Sugik, said the trial was invalid because the murder victim was not Asrori, as stated by the prosecution, but rather Fauzin, as proven by a police DNA test.

"This is an error in persona and therefore the trial must be halted," she said.

The murder case was brought to trial after the body of Asrori had been recovered from a sugarcane plantation in Kedung Mulyo in September last year, according to an investigation by the Jombang Police.

However, a subsequent DNA test proved the body belonged to Fauzin and simultaneously confirmed a confession by serial killer Very Idham Henyansyah, alias Riyan, who claimed Asrori was one of ten people he had killed and buried in the backyard of his parents' house in Jombang.

Earlier, Aswir, a member of the judge's panel, had warned visitors against speaking loudly in court.

"This is a courtroom and not a football field. Please, have respect for the court and the panel of judges. If you don't want to sit and listen quietly, please, leave this room," he told visitors.

The defendant's relatives cried out against the trial when Asrori's older brother Agung Wibowo stammered through his testimony before bickering in court with Asrori's attending relatives.

During the session, Eka Lisnawati, a nephew of Imam Chambali, alias Kemat, who along with David is serving a 17-year jail sentence at Jombang Penitentiary for his involvement in the murder, fell unconscious after learning that the judges would proceed with the trial.

O.C. Kaligis law firm, which represented Kemat and David, has filed an appeal with the East Java High Court and the Supreme Court against its clients' jail sentence, saying their clients should be set free because the case was not valid.

Law experts have called on the district court to halt the trial, saying the three must be acquitted of all charges and set free and that the National Commission of Human Rights should investigate the Jombang police, prosecutors and the court for alleged rights abuses. --JP/Indra Harsaputra

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