T

he Sleman District Court has granted a suspension of detention request made by the defense team of Abdul Kholiq, an Islamic boarding school (pesantren) caretaker who was accused of religious-based violence in Sleman, Yogyakarta.

'€œThe panel of judges considers there to be sufficient reasons to grant the appeal and has ordered the prosecutor'€™s office to immediately release the defendant from the State Detention House in Sleman,'€ presiding judge Marliyus said in court on Monday.

According to the official court letter, the panel of judges granted the suspension of detention request on the grounds of an assurance letter signed by Ihya As Sunnah pesantren leaders Jafar Umar Thalib and Usmar Said, the defense team and the defendant'€™s wife.

Aside from, the court also took into account a peace agreement between victim Julius Felicianus and Kholiq. Kholiq told the court he was capable of complying with the points of the peace agreement made on Aug. 15.

'€œAs a Muslim, you must be able to uphold the trust and you must not betray it. Should you flee, your guarantors will be held responsible,'€ Marliyus told Kholiq in the court.

During the hearing, Kholiq said he promised to attend every trial hearing and would not run away. Kholiq'€™s supporters, who filled the courtroom, welcomed the judges'€™ decision enthusiastically and chanted, '€œGod is great'€.

Prior to reading the decision, Marliyus asked Jafar, a former leader of the hard-line Laskar Jihad Islamic group, to sign a letter expressing his ability to pay bail in the amount of Rp 50 million (US$4,267) should the defendant flee and not be found within three months.

A member of the judicial panel, Sutikna, said the legal basis of the bail mechanism was stipulated in articles 35 and 36 of Government Regulation No. 27/1983.

'€œDon'€™t interpret it that the Sleman District Court is asking for money. The bail will be paid through the court clerk, who will submit it to the state coffers,'€ said Sutikna.

Meanwhile, in the intermediate ruling, the judicial panel rejected another appeal submitted by Kholiq'€™s defense team. In the appeal, the lawyers requested their client be acquitted of all charges, or that the judges overturn the indictment by the prosecutors.

The defence team claimed the indictment was unclear and against criminal procedural law, as the victims, Julius and Nur Wahid, were not questioned as the victim witnesses for the dossiers.

In their response to the appeal, the prosecuting team, led by Sugana, earlier said their charges were clear because there was more than one victim witness and the allegations were supported by valid evidence.

'€œThe panel of judges was in favor of the reasons made by the prosecutors and rejected the appeal by the defense team, so the case could resume,'€ said Marliyus, who read the intermediate decision.

Kholiq'€™s defense team coordinator Mirzen expressed gratitude for the court having suspended the detention on his client.

'€œRegarding the appeal rejection, let'€™s prove it in court. We will immediately produce the witnesses '€” the earlier the better,'€ said Mirzen.

The court is adjourned until Sept. 8 when the agenda will consist of the questioning of witnesses produced by prosecutors. The trial on Monday was tightly guarded by police and military personnel.