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********** Five-Year Sentence Possible for Indonesian Pastor Rinaldy Damanik Faces Prison Term Despite No Clear Conviction on Weapons Charges by Sarah Page

Summary: DUBLIN, Ireland, June 12 (Compass) — An Indonesian court is preparing to pass sentence on Rev. Rinaldy Damanik next Monday, June 16, on charges of illegal weapons possession. According to sources closely monitoring the case, prosecutors have demanded a five-year prison term for the prominent Christian pastor. Damanik was arrested in September 2002 and brought to trial in February 2003. His defense team claims local police plotted to incriminate Damanik in retaliation for his peace-keeping efforts in Poso, Central Sulawesi. While traveling in a relief convoy on August 17, 2002, Damanik was stopped by officers and taken some distance away from his vehicle for questioning. Later, police claimed they found illegal weapons and ammunition in the vehicle.

Full Story: DUBLIN, Ireland, June 12 (Compass) — An Indonesian court could impose a five-year prison sentence on Rev. Rinaldy Damanik next Monday, June 16, on charges of illegal weapons possession. Damanik was arrested in September 2002 and brought to trial in February 2003. His defense team claims the charges were an elaborate set-up by local police in retaliation for the outspoken pastor’s peace-keeping efforts in Poso, Central Sulawesi.

According to sources closely monitoring the case, prosecutors have demanded a five-year prison term for the prominent Christian pastor.

Damanik was a key figure in the reconciliation process between Christian and Muslim groups in Poso, where conflict has raged for the past four years. His church established a crisis center, offering relief for refugees on both sides of the conflict. He was also a key signatory in the Malino Peace Accord of December 2001, which raised the ire of police and military officers.

While traveling in a relief convoy on August 17, 2002, Damanik was stopped by police and asked to leave his vehicle. He and his traveling companions were taken some distance away from their vehicle for several minutes of questioning.

On the following day, police claimed they had found illegal weapons and ammunition in the vehicle. However, they had no search warrant and did not report the finding on the day of discovery. Nor did they arrest Damanik at the time.

Damanik and his defense team claim the weapons were planted in the vehicle as an attempt to incriminate him.

Police spent months assembling the case against Damanik, all the while holding him in custody. The case was presented to the high court several times and dismissed for lack of evidence. However, judges finally began the trial on February 10, 2003.

Professor J. E. Sahetapy, an expert on Indonesian law and a witness for the defense, believes Damanik’s arrest was engineered by the police. As reported in the Jakarta Post on May 13, Sahetapy said he had spoken with a soldier who was present at Damanik’s arrest.

“The soldier told me that the handmade rifles and guns found inside Damanik’ s car were planted,” Sahetapy said.

Dr. George Junus Aditjondro, another key witness for the defense, has studied the conflict in Poso and is convinced that Damanik had no part in the violence.

Testimonies from police and soldiers in court were contradictory. A fact-finding team from Jubilee Campaign said the eye-witnesses could not agree on the vehicle Damanik was traveling in or the number of weapons allegedly removed from the vehicle.

Several witnesses claimed Damanik was traveling in a blue SUV with the license plate DN-790E. However, their testimony was discredited by Mr. Taswin, a mechanic who said the blue SUV with the license plate DN-790E was in his shop for serious repairs for three months, beginning on August 13.

Taswin testified that a police officer named Syahrial had applied severe pressure on him to provide a false written statement, saying the car was brought in after August 17, 2002.

Mr. Rongko, one of the drivers in Damanik’s team on August 17, was also intimidated by Syahrial in a pre-trial examination. The officer told him that Damanik was a cold-blooded murderer and a key figure in the Poso conflict. Rongko was then forced to sign a written statement without first reading the document.

The prosecution’s key witness, Sartob Sambegewe, said he was beaten while in police custody and that his written statement was a product of brutality and intimidation.

At the close of testimony, Sahetapy maintained that the case should be thrown out, given the clear proof of witness intimidation and false evidence.

Judge Somanada admitted that the prosecution had failed to present a cohesive case and appealed to Sahetapy for advice regarding the verdict. However the prosecution argued that Damanik should be held accountable for the weapons regardless of where and how they were found.

Sahetapy replied that the weapons, if indeed found, were the result of an illegal search, conducted without a warrant. By law, findings of an illegal search must be disregarded by the court.

When given his chance to respond, Damanik said the court was obviously not interested in a just verdict and he did not expect an acquittal. According to a report from Jubilee Campaign, he was willing to go to prison if by so doing he could demonstrate the injustice of the Indonesian court system.

Damanik also hoped his case would throw light on the situation in Poso and contribute to establishing the long-awaited peace.

***A photo of Rinaldy Damanik is available electronically. Contact Compass Direct for pricing and transmittal.

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********** Copyright 2003 Compass Direct

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