Munir murder case process ‘strange’

The human rights body has revealed several irregularities in the legal investigation into  the murder of Munir S. Thalib,  a crime which remains a mystery five years after  the activist’s death.

“According to our examination, the prosecutors were strangely unprofessional in handling a case with such incredible public exposure,”  prominent lawyer Frans Hendra Winarta told the press on Tuesday.

Frans is a member of the public examination team set up in February last year by the National Commission on Human Rights to review the legal case. The proceedings of Munir’s case ended with former top National Intelligence Agency (BIN) officer Muchdi Purwopranjono being acquitted of the murder.

“We suggest the Attorney General’s Office re-file the appeal to the Supreme Court or file a case review for the sake of justice,” Frans said.

While refiling an appeal was unusual, “we need a breakthrough if we are really serious in probing the murder,” Frans said.

A one-year study conducted by the five-member team on the case showed flaws from the police investigation, prosecution and the trials, members said.

Munir died from arsenic poisoning on board a Garuda flight from Singapore to Amsterdam on Sept. 7, 2004.

Pollycarpus Budihari Priyanto, a former pilot of national flag carrier Garuda Indonesia, has since been serving a 20-year prison sentence for Munir’s assassination.

The examination team, as well as rights activists, said the mastermind of the crime has still not been revealed.

The South Jakarta District Court acquitted Muchdi in late December 2008, after which prosecutors filed an appeal to the Supreme Court against the decision.

In June 2009, the court dismissed the appeal, saying the prosecutors failed to provide a convincing argument  against Muchdi’s acquittal.

“Convincing judges that a previous verdict is irregular is the first step before the case can go to the Supreme Court,”  Frans said.

The board of justices handling the appeal were also considered incompetent to handle such a criminal case, Frans said, as the expertise  of two of them lay in Islamic law while another was an expert on civil lawsuits and customary law.

The team also criticized the judges at the district court level who acquitted Muchdi in the first place.

“The district court failed to conduct a fair trial” as they failed to summon at least two key witnesses,  Frans said.

He was referring to Budi Santoso, a former BIN agent, and M. As’ad, former BIN deputy chairman.
Budi failed to appear before the court after reportedly being intimidated by police, an allegation police  denied.

“The two were key witnesses as they could reveal the link between Pollycarpus and Muchdi,” another team member, Mudzakkir, said.

Other members of Frans’ team are legal sociologist Soetandyo Wignjosoebroto, public administration expert Fajrul Falaakh, and legal expert M Rudi Rizki.