Bintang Papua, 1 March 2012
As a result of an incident during the 24 February hearing in the trial of Forkorus Yaboisembut, it is possible that a member of the defence team is to be reported to the police by the chief prosecutor at the trial.
One of the prosecutors, Julius Teuf, said that the problem is still under discussion at the prosecutor’s office. ‘But after having studying the matter and seeing whether we have strong evidence, it is clear that we will report a member of the defence team, Gustaf Kawar, for inappropriate behaviour during the hearing on 24 February.’
The incident occurred as the defence lawyer was interrogating a witness when there were a number of interruptions from the prosecutors. He therefore shouted to the prosecutor: ‘Cant you use your brain, I am still talking?’
In response, the prosecutor later said: ‘Why did he say such a thing? If I dont have a brain, how is it that I am sitting here as a prosecutor, an employee of the state as part of its legal apparatus?’
For his part, Gustaf Kawar said: ‘It is beyond comprehension that the prosecutor’s team will report me to the police. It is very usual for statements like that to be made during the course of any trial.’ He went on to explain what had happened.
‘The incident occurred while the lawyer was questioning one of the witnesses and the prosecutor kept interrupting me which is why I responding eventually by saying. ‘You should use your brain, I am still speaking so please be patient.’
According to Kawar, the prosecutor was very offended by these words, whereas it often occurs that words are used by either side or by the defendants in the course of a trial, causing tensions. He also said that he had reported the matter to the Indonesian association of jurists, Paradi.
The secretary of the central council of Peradi. Bob Wahyu Wibowo, said that there was a general understanding between the chief of police and the leaders of Peradi, espressing their concern. These words were said during the source of the trial of Forkorusa and colleagues and what the lawyer said was all within the framework of pursuing the defence of his client.’ He also referred to the law on advocates No 18/2003 which states that a lawyer shall not be charged for either a criminal or a civil offence while in the process of performing his professional duties.
Kawar said: ‘I am a lawyer, one of the pillars of law enforcement. Some of us have things to support us during a trial such as the police who carry arms, but we lawyers have nothing. yet as a lawyer we can be arrested and face charges.’
- Forkorus: Independent Papua will come in a matter of days (westpapuamedia.info)
- Treason Trials: Panel of judges reject demurrer by defendants (westpapuamedia.info)
- Forkorus Yanoisembut rejects charge of treason (westpapuamedia.info)
- From the trial of Forkorus and his colleagues (westpapuamedia.info)
- Monitoring of the trial of Forkorus and colleagues (westpapuamedia.info)