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Muchdi asks court to drop appeal moves
Erwida Maulia , THE JAKARTA POST , JAKARTA | Fri, 01/16/2009 4:40 PM | National
Former top intelligence official Muchdi Purwopranjono has moved to foil any attempt to overturn his acquittal in the high-profile murder of activist Munir Said Thalib.
Muchdi's lawyer Rusdianto went to the South Jakarta District Court on Thursday to request judges not forward an appeal to be filed by state prosecutors to the Supreme Court.
Rusdianto said prosecutors had breached Article 244 of the Criminal Law Procedure Code for contesting the court's verdict, which exonerated Muchdi of all charges.
The article says an appeal cannot be filed against a defendant's acquittal.
His lawyer said the article was already "clear" and "obvious".
"But, you see what has happened. The prosecutors filed an appeal," Rusdianto told The Jakarta Post.
"We do not want to put pressure *on the court*. We are just trying to remind judges to be consistent and avoid double standards when implementing the Criminal Law Procedure Code."
Rusdianto said the Denpasar District Court's refusal to forward a second case review of the three convicted Bali bombers was an example of the law being properly adhered to. The bombers were eventually executed last November.
Attorney General's Office (AGO) spokesman Jasman Pandjaitan, however, said it was common practice for prosecutors or convicts to file appeals if they felt justice was not delivered.
He said Muchdi's lawyers could counter-appeal if they objected to the AGO's appeal, which was filed Monday.
Jasman said Article 244 of the Criminal Law Procedure Code exempted only absolute acquittal, which was not the case in terms of Muchdi's situation.
"We still view Muchdi's acquittal as not absolute, and this is what we will prove in our appeal," he told the Post.
The South Jakarta District Court found Muchdi not guilty of masterminding the murder of Munir on Dec. 31 last year. Garuda pilot Pollycarpus Budihari Priyanto was sentenced to 20 years jail for the murder.
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