[Kabar-indonesia] 2: Tempo Investigation: The Prosecutor and The Suspect (2 Interviews)

[JoyoNews at aol.com]

 2 Tempo Magazine Reports (2 of 2): 

- Amrin Naim: I prepared two 
  opposing indictments 

- Dwi Sumaji (Iwik): Everything 
  was contrived 

Tempo Magazine  
No. 02/VII
Sept 12-18, 2006 

Investigation 

Amrin Naim: I prepared two opposing indictments 

AMRIN Naim, 65, the prosecutor involved in the murder case of Udin, felt 
uncertain once because he was assigned to prepare two opposing charges against Dwi 
Sumaji alias Iwik. One charge was to find him guilty, the other was to set 
him free. "Because I was instructed to do so, I went ahead and did it," 
explained Amrin, when Tempo reporter Heru C. Nugroho met him two weeks ago. Amrin is 
now retired and living in Klaten, Central Java. He recalls how he felt about 
handling the case. "Udin was my friend. I often said, go ahead and write 
whatever you want, so long as you have solid proof," said Amrin. 

During Iwik's trial, you had to prepare two different indictments? 

Before the trial, there was a meeting between the Deputy Attorney General for 
General Crimes, at the Yogyakarta Prosecutor's Office and myself, as the 
general prosecutor at the High Prosecutor's Office in Yogyakarta. I pointed out 
that the legal process indicated there was not enough evidence to show Iwik 
murdered Udin. But the prosecutor cannot seek a release for an indicted man. 
Finally I was asked to prepare two versions of indictment: one that would release 
him and another that would find Iwik guilty. Which one was to be read in court 
would depend on the attorney general.

When did the instruction finally come down? 

I got the instruction at 9am of the day the indictment was to be handed down 
at the Bantul District Court. It was relayed through the Deputy Attorney 
General for General Crimes, who came to the Bantul Prosecutor's Office.

In your view, why was Iwik found not guilty? 

How can he not be? I had no evidence against him. All the witnesses changed 
their testimonies. Marsiyem changed her testimony and said Iwik was not the man 
who came to her home. At that point, I lost an important witness. Finally, 
all the witnesses rescinded their testimonies, including Iwik himself. That did 
it for me. I had nothing left except instructions. And I still had to handle 
the case of Edy Wuryanto, who was indicted for tampering with Udin's blood.

The proceedings (BAP) on the Udin case went back and forth between the police 
and the Prosecutor's Office? Why? 

There was a difference of opinion between the police and the prosecutor. We 
could not accept the confession of the accused as the only evidence in the 
case. There was no other supporting evidence. 

How intently did you follow the case? 

I followed every step of the investigation and questioning. I even know that 
Sergeant-Major Edy Wuryanto used the services of a paranormal. He said the 
paranormal he contacted needed three items to do the job: Udin's blood, the earth 
from his grave and a piece of the shroud used to wrap Udin's body. He managed 
to get the earth and the cloth, and got the blood from the plastic bag thrown 
away as trash. I heard later Edy threw all three items into the sea. A week 
later, I was told the murderer had been arrested and that was Iwik.

What do you know of the investigation on Iwik? 

At the time, Iwik had confessed to the crime. But the confession alone is not 
enough. The police must seek other evidence. So, they used the line-up 
technique. All of them used helmets and Udin's wife was asked to identify the killer 
among the line-up, and she pointed at Iwik.

Is it true this case was discussed at the Diponegoro Regional Military 
Command? 

Yes, the fact that the case went back and forth between the police and the 
prosecutor attracted the Diponegoro Commander, TNI Maj. Gen. Subagyo H.S. Pak 
Bagyo asked for a briefing because the case had attracted nationwide attention. 
I gave him the briefing when I was the prosecutor general. 

Who was present at the briefing? 

There was the Yogyakarta Chief Prosecutor, the Semarang Chief Prosecutor, 
Diponegoro Regional Military Commander, Yogyakarta Police Chief, Central Java 
Police Chief, the Military Judge Advocates Office and Prof. Dr. Muladi as legal 
consultant to the Diponegoro Regional Commander.

Is this normal to expose a legal case to the military? 

No, it is not.

What did the Diponegero Military Commander say about the case? 

He asked Pak Muladi to provide a commentary. Pak Muladi said the 
investigation had fulfilled all conditions for a case file and should be submitted to the 
Prosecutor's Office, and from there to the court.

DNA tests in Britain on Udin's blood pointed to a conspiracy by the police? 

I asked an expert in Indonesia to do a comparative test. He said the 
principle difference was the DNA test on smeared blood and on blood that has stuck on 
something for some time. The newly smeared blood would be easier to get the 
DNA, while old blood would have to go through further analysis. He concluded 
that the blood stuck on the evidence was old blood. 

Have you ever felt pressured by the Bantul Regent Sri Roso Sudarmo? 

Never.

After you read out the not-guilty verdict, did you continue to get threats? 

I received a number of threats over the telephone. Before and during the 
trial and 
after the verdict was read out, I was always escorted by the police. But 
after the verdict, I didn't have any. I was escorted by the people (laughing).

You are not scared of being terrorized? 

I considered the risk as part of my job. What I really regretted was the 
rumor that I had accepted Rp400 million. If I had done it, would I be living in 
this modest house? 
 
------------------------------------------

Tempo Magazine  
No. 02/VII
Sept 12-18, 2006 

Investigation 

Dwi Sumaji (Iwik): Everything was contrived 

IWIK alias Dwi Sumaji has changed very little in 10 years. The only 
difference may be that he now speaks openly and confidently. His name once appeared in 
the news as the suspected killer of Bernas newspaper reporter, Udin. According 
to the police at the time, Iwik, who was then a driver for the advertising 
agency "Dimas," murdered Udin because of jealousy. They claimed to have found 
Udin's blood on his jacket and his belt. But that evidence was declared 
inadmissible when the police could not produce the items. The prosecutor finally 
released him for lack of evidence. "Everything was contrived," said Iwik to Tempo 
last June at his home. 

Can you recount again how you became a suspect in Udin's case? 

That day, coming home from work, I was stopped by Edy Wuryanto at Jalan 
Magelang. He said his name was Franky. I was surprised that he seemed to know 
everything about me. He then asked me to work with him. He said his boss was 
ordering a billboard. After that I went home.

Who was this Edy Wuryanto? 

That's who he claimed to be. He drove a Suzuki Carry car with Jakarta plates.

How long was it before you were arrested? 

(Hesitating) I don't remember any more, it's been a while.

What happened then? 

A few days later, as I was going to work by minibus, Edy pulled me out as the 
bus halted at the Wurangan stop. I was instantly shoved inside his Suzuki car.

Who was inside the car? 

There were four people: Edy, Slamet and another big guy, I forget. I was 
taken to Parangtritis, stopping at a Padang restaurant to eat, but I just drank 
coffee. I was then taken to the Queen Hotel.

Were you taken straight to the hotel? 

I was first taken to the Agung inn, where I was given beer mixed with 
Kratingdaeng. There were even women. I drank a bit, but I threw up. Then I went 
inside a room and fell asleep until about 4:30pm. I was quite woozy after drinking 
the coffee. They may have put something in it. Then I was brought to the Queen 
Hotel and into the lobby. Then Edy cautioned me, saying when I met the boss, 
I was to say this or that. Then I went in to meet him. He introduced himself 
as 'general.'

What did he mean by that? 

He just said he wanted to order a billboard. Then I was shoved into the lobby 
again where Edy said there was some business to be done. Then, he began with 
his plan to compromise me. I was told to admit to being Udin's murderer.

Who was the man referred to as the boss? 

I'm not sure. He was dark and fat, like an Indian. Later on, he admitted to 
being ordered to do so by Edy Wuryanto.

Were you offered anything in return? 

I was offered money, as well as facilities, a house and work on an offshore 
drilling rig. He said, if I wanted to stay healthy, that I should confess. I 
felt so threatened that I agreed with their scenario. Then I was confronted 
again with the man referred to as the boss.

What did you tell the man? 

Exactly what I was told to by Edy. Then I was brought to a second boss in 
another place. Later on, I found out that he was Ade Subardan. I was told to say 
the same thing. Then I was brought to Regional Police Chief Mulyono Soleman at 
the police headquarters. There, I was told to say the same thing.

Is it true you cried when you made your confession? 

No, I did not cry. Every time I met one of the bosses, Edy was with me, 
threatening me.

When Edy explained the scenario, did he ever mention the name Sri Roso? 

Yes, he said that if this succeeded, there would be a reward from the regent, 
but he didn't mention names.

Why didn't you reject it from the start? 

You know how it was with our country then. I was brought to the investigator 
and straight away there was a report of the proceedings (BAP). Edy was still 
with me. Even the investigator told me what to say.

What was the cause of the murder in that report? 

Envy. They had the story.

What about the evidence? 

Well, the evidence was their testimony. When questioned, I admitted to having 
a Vespa scooter and a red shirt.

What about a metal bar? 

There were many in my office, because we dealt with metals. Then I was placed 
in a cell, and the next day told to get a metal bar from the office, escorted 
by Edy Wuryanto. There Edy took an iron pipe and told me to hold it, while he 
took a picture of me. 

They said something about a jacket? 

The jacket was left behind at the office, and retrieved later. My belt and my 
watch had been taken away from me at the police headquarters.

What about the drop of blood on your belt and jacket? 

There was none. If it was type O, it could have been my wife's.

But according to a DNA test in Britain, the blood on the jacket was Udin's. 

I don't know about that. Maybe it was another contrived thing.

Then you were detained again? 

Yes. Every day I was harassed by the officers, taken to a room and threatened 
with my life, among other things.

Was Mulyono aware this was taking place? 

He did not know. It always happened at night.

Did he know that you were Edy's idea? 

Maybe he did, or pretended not to know. That's his business. In the mornings, 
he would come over, drink coffee and talk a bit. But I resisted, because I 
was not Udin's killer.

When did you begin to rebel? 

Three days after the arrest, I disclaimed my confession.

When did you begin to have the courage to fight back? 

Since I spoke with the lawyer and told him all that had happened. I became 
even more determined when the Human Rights Commission (Komnas HAM) came. 
Then they released me. By then, I had been detained for 58 days.

Where were you when Udin was murdered? 

At my kampung (neighborhood). I had gotten back from work and was sitting 
around at the street corner.

Who was your witness? 

I came out with Gunarso, Betami Irawan, Sumardi (a policeman from Sleman). 
He's a resident of Panasan, Triharjo at Sleman. He was the spokesman in court. 
My friends at work also offered to testify on my behalf. So did my wife. When 
she was accused of riding with Udin on his motorcycle, she was actually making 
up the face of a bride, a job arranged by a neighbor. 

Is it true that your wife Sunarti once dated Udin? 

That I don't know. That was when they were young, when they were still in 
school. 

Not my business (laughing).

You never had feelings of jealousy towards him? 

Never.

-End 2 of 2-

------------------------------------------
Joyo Indonesia News Service
------------------------------------------