VZCZCXRO1027
OO RUEHCHI RUEHDT RUEHHM
DE RUEHJA #0998 2481047
ZNR UUUUU ZZH
O 051047Z SEP 06
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9574
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS IMMEDIATE
RUEHPB/AMEMBASSY PORT MORESBY IMMEDIATE 3212
RUCNFB/FBI WASHDC IMMEDIATE
RHEHNSC/NSC WASHDC IMMEDIATE
RHHMUNA/USCINCPAC HONOLULU HI IMMEDIATE
RUEAWJB/DEPT OF JUSTICE WASHDC IMMEDIATE

UNCLAS JAKARTA 010998 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
FBI PLS PASS TO CTD/ITOS I, CTD/ITOS II, GOU 
SECSTATE FOR EAP/MTS AND DS/DSS, DS/IP/EAP, DS/EAP/ITA, AND 
CA/OCS/ACS 
 
E.O. 12958: N/A 
TAGS: PREL PGOV ASEC CASC KJUS ID
SUBJECT: TIMIKA TRIAL STOPPED FOR LACK OF INTERPRETER 
 
REF: A. JAKARTA 10704 WITNESS TESTIMONY IN TIMIKA TRIAL 
 
        TO BEGIN 
     ¶B. JAKARTA 10297 TIMIKA TRIAL SESSIONS PROCEED 
        WITHOUT DEFENDANTS 
     ¶C. JAKARTA 8958 TIMIKA TRIAL OPENS 
 
 ¶1. (U) The trial of the seven men accused of killing two 
Amcits in Timika, Papua in 2002 took another turn on 
September 5 when Judge Nurdin ruled that the defendants were 
entitled to an interpreter.  In a courtroom crowded with 
spectators and police, defense lawyers interrupted the 
testimony of the first witness called in the case, Amcit 
Patsy Spier, to request that the court provide an interpreter 
to translate the proceedings from Bahasa Indonesia into the 
defendants' native language of Amungme.  Ms. Spier had been 
speaking for 10-15 minutes when the interruption occurred. 
An interpreter supplied by the Department of Foreign Affairs 
translated her testimony into Bahasa Indonesia.  Prosecutors 
objected to the request, stating that the defendants had 
responded to questions from police during interrogation 
without interpreters being present and that they had never 
requested one during previous sessions.  While Judge Nurdin 
expressed her irritation at the behavior of the defense team, 
she approved the request and ordered the trial be suspended 
until September 8 to give the prosecutors time to locate a 
suitable interpreter.  Two other victims, Amcits Steven Emma 
and Kenneth Balk, were scheduled to testify immediately after 
Ms. Spier. 
 
¶2. (U) As the session opened the defendants took their proper 
seats in the docket, something they had refused to do for the 
past several weeks.  However, the defense attorneys arrived 
late for the session and changed into their robes in the 
courtroom, demonstrating their intention to continue to do 
whatever it takes to delay the proceedings. There was a 
strong police presence and tighter than normal security 
measures in place. 
 
¶3. (SBU) Under Indonesian law, the Court is required to 
provide an interpreter if there is a need for one in a 
particular case.  In practice, however, Embassy contacts say 
that judges always ask prosecutors to supply the interpreter, 
and efforts are underway to locate one.  Although the judge 
ruled in favor of the defense, our contacts say it is 
possible for the judge to decide differently at the next 
session if an interpreter is still not available. 
PASCOE