Tag Archives: buchtar tabuni

No witnesses appear at the trial of Buchtar Tabuni

 

 

Bintang Papua
13 September 2012Jayapura: A hearing in the trial of Buchtar Tabuni took place today in the Jayapura district court, without the presence of any witnesses  who might have been able to testify in court in support of the charge that the defendant had damaged Abepura Prison where he was being held.at the time.

One of his team of lawyers, Gustaf Kawer, said that there were a number of people who the prosecutor could have summoned to appear in court during the trial but he had not done anything to call these witnesses

Kawer said this was already clear at the earlier hearing on 10 September when the prosecutor  said that Matius Murib would be called to testify, but at the following hearing,  Murib did not attend as a result of which the presiding judge suspended. the hearing.

At the next hearing, it was the defendant, Buchtar Tabuni who was questioned. The presiding judge, Haris Munandar, asked Buchtar to tell the court  what he had done on 3 December 2010 when the prison was damaged.

Buchtar told the court that he had done everything he possibly could to prevent a crowd of people from inflicting damage in the prison.

‘I shouted to a crowd of people, calling on them not to enter the prison and start damaging it.’

This is the same as what Buchtar Tabuni told the court at the beginning of the trial.

[Translated by Carmel Budiardjo]

 

Lawyer calls on judges to release Buchtar after all witnesses fail to appear

 

Bintang Papua,
11 September 2012
Jayapura: Gustaf Kawer, one of the lawyers defending the former chairman of the KNPB – National Committee of West Papua – said that the judges hearing the case of Buchtar Tabuni should have the courage to release the defendant  in the absence of any witnesses to testify against him. The lawyer said this followed the decision yesterday to postpone a further hearing in the trial.He said that from the start, he had commented that the the prosecutor in the case had shown no seriousness in handling the case against Buchtar. This is evident from the fact that none of the witnesses he had wanted to testify at the trial had appeared although several hearings had been held.

‘In the latest instance, the witness Matius Murib was to have appeared but he didn’t appear, even though he is known to be in Jayapura and his home address in known, so why  did he not appear?’

The lawyer   said Matius Murib is known to be well acquainted with the case and the judges should consider that if there is no evidence to prove that Buchter was responsible for damaging the  prison in any way, which was to have been proven by the witnesses all of whom had failed to appear, then the judges should take the bold  step of simply  releasing the man who is now on trial.

The lawyer also spoke about the many shootings  that have been occurring in the city of Jayapura  which have been linked to Buchtar, which was nothing more than a set-up. He said that Buchtar had been linked to the shooting of Miron Wetipo but that case has already been solved, so it was clear that the authorities were trying to make a scapegoat of Buchtar. Buchtar was arrested on 6 June 2012 which was just at the time when some shootings occurred in Jayapura which was followed by the arrest of Buchtar, whereas Buchtar was not in any way connected with those shootings. So instead of being charged with the shootings, he now faces the charge  of inflicting damage on the Abepura Prison in 2010, which means that he should have been arrested in 2010.

At the time, it was said that there were plenty of witnesses and now they were not even able to call Matius Murib as a witness.

The lawyer said that  the panel of judges should postpone further hearings until Matius Murib could be called as his testimony would be crucial for this trial. Gustaf insisted that there were plenty of witnesses who could give testimony regarding the damage inflicted on the prison, yet the prosecutors were not able to  get any of these witnesses to appear.

As is known, the hearing on 10 September was again postponed .

At the hearing held yesterday, the prosecutors were still not able to bring any witnesses to court.who would be able to testify about Buchtar’s alleged damage to the prison. The prosecutors has also been unable to summon Liberty Sitinjak who would have been a key witness  about the incident on 3 December 2010.

The prosecutor announced that Liberty was unable to appear to testify, even though he has been summoned three times. And now, the hearing held on 10 September was also suspended until 13 September while it was being said that Matius Murib, who was formerly and member of the National Human Rights Commission, would also not be able to  appear.

It has now been announced that the hearing that is due to take place on 13 September which was originally intended  to hear testimony from witnesses would now be devoted to questioning the defendant, Buchtar Tabuni.

[Translated by Carmel Budiardjo]

 

Lawyer complains of lack of professionalism as Buchtar trial

 

 

JUBI, 10 September 2012The tight security by the police round the courthouse  while the trial of Buchtar Tabuni was  in progress was described as being unprofessional by a member of the legal team of the defendant.

Gustaf Kawer said: ‘The tight security round the courthouse  is a violation of the basic principles  of court practice. This is a public trial which means that anyone can come and attend it.  Excessive security  while the trial is in progress is very unprofessional,’ said Kawer.

Buchtar Tabuni is charged with having caused damage to the Abepura Prison on 3 December. The trial hearing was suspended and the trial will resume on 13 September, because witnesses did not turn up for the hearing as a result of which the lawyers  promised that they would produce the witnesses, said Matius Murib.

The hearing on 13 September will be the last occasion  for the witnesses to appear. The deputy director of the prison is adequate and will not be summoned again after having be summoned to appear three times.

Kawer said that the proceedings were not conducted professionally; the witnesses should have appeared at the appointed time but that did not happen. Furthermore, he said, the judge should behave  independently in the way he chairs the court and should not take sides either with the state or the victim..

At today’s hearing of the Buchtar Tabuni trial, there were forty people from Dalmas and the Jayapura police command, who were fully backed up  by personnel from the Abepura police command, who were headed by the head of the Jayapura police command, Kiki Kurnia.

[Translated by TAPOL]

 

KNPB: Buchtar Tabuni should be transferred to hospital for medical treatment

 

Bintang Papua, 23 August 2012

The National Committee for West Papua (KNPB) has urged the police authorities in West Papua to agree to the transfer of Buchtar Tabuni who is now in  custody and on trial to the special prison for narcotics offences  in order to ensure that he receives  the necessary treatment for a stomach complaint and low blood pressure.

Spokesman for the KNPB, Wim R. Medlama said that if he remains in a police cell, there is no guarantee that he will be able to get proper medical treatment.

The same matter was raised previously by Buchtar Tabuni during a court hearing in his own trial, shortly before Lebaran, the final days of Ramadhan.

The chairman of the panel of judges at the trial  said this was a matter for the police  and the prosecutor who are still engaged in getting him convicted of involvement in activities to cause damage to facilities in the prison where he was held.

Meanwhile, the chairman of the Paniai branch of the KNPB strongly condemned the security forces, the TNI (army) and the police, for having conducted operations against the chairman of the KNPB, hunting down and arresting its members and urging that such operations should be immediately halted.

These shootings were taking place because Papuans continue to uphold the opinions they have held since 1961.

All the efforts being made such as the setting up a development agency known as the UP4B to improve the standard of living of the Papuan people will never halt the resistance of the Papuan people.

‘The Papuan people will continue to wage resistance and the only way to end this is by holding a referendum in Papua,’ he said.

[Translated by TAPOL]

 

Filep Karma refuses to take oath in Buchtar trial

JUBI, 26 July,2012

 

Filep Karma who has diligently fought for the basic rights of the Papuan indigenous people refused to take the oath when summoned as a witness in the ongoing trial of Buchtar Tabuni. He said that the court was a full of people who know only how to deceive and trick the Papuan people.

He said that his own declaration that he was speak the truth was enough. Both the prosecuting counsel and the judges urged Karna to take the other on the Bible but he refused to do so.

He said repeatedly that he did not want to acknowledge the law that was in the hands of people who were intent upon using deception. He reiterated his belief in God whose crown is embedded in within his own breast.

‘Jesus said, I am the word, the path towards  truth and life. I will offer my testimony on that basis,’ Karma told the court. However the judge failed to persuade Karma to take the oath in the way required by the court. He asked Karma whether he was willing to be a witness in the Buchtar Tabuni trial and if so he would have to take the oath as required.

Karma did not budge from his position and the judge therefore dismissed him as a witness and adjourned the hearing.

The next hearing in the trial will be held on 30 July.

A photo accompanying the article in JUBI shows Filep Karma in a discussion with Buchtar Tabuni outside the courthouse.]

[Abridged translation by TAPOL]

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