VZCZCXRO7248
OO RUEHCHI RUEHDT RUEHHM
DE RUEHJA #1585 2621032
ZNR UUUUU ZZH
O 191032Z SEP 06
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0207
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS IMMEDIATE
RUEHPB/AMEMBASSY PORT MORESBY IMMEDIATE 3221
RHEHNSC/NSC WASHDC IMMEDIATE
RUEAWJB/DEPT OF JUSTICE WASHDC IMMEDIATE
RHMCSUU/FBI WASHINGTON DC IMMEDIATE
RHHMUNA/CDR USPACOM HONOLULU HI IMMEDIATE

UNCLAS JAKARTA 011585 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
FBI PLS PASS CTD/ITOS I, CTD/ITOS II, GOU 
STATE FOR EAP/MTS, DS/DSS, DS/IP/EAP/, DS/EAP/ITA, 
CA/OCS/ACS 
 
E.O. 12958: N/A 
TAGS: PREL PGOV ASEC CASC KJUS PHUM ID
SUBJECT: DEFENDANTS' HUNGER STRIKE DELAYS TIMIKA TRIAL 
 
REF: A. JAKARTA 11342 (DEFENDANTS WALK OUT) 
 
     ¶B. JAKARTA 11145 (AMCITS TESTIFY AT TIMIKA TRIAL) 
 
¶1. (U) On September 19, the Central Jakarta court was 
scheduled to hear testimony from Indonesian military 
personnel who arrived on the scene of the August 31, 2002 
ambush near Timika, Papua in which two Amcits and one 
Indonesian citizen were killed.  Since the last session, the 
prosecution decided that calling a third FBI witness would be 
unnecessary.  His testimony is being submitted in written 
form (ref. A).  Victim witnesses Patsy Spier and Steven Emma 
were present at the session. 
 
¶2. (U) Although the defendants were present in the courtroom, 
Johnson Penjaitan, their counsel, objected that they were too 
weak from their five-day long hunger strike to participate in 
the trial.  Penjaitan further said that he had not had access 
to his clients prior to the session to determine their state 
of health.  Panjaitan requested that the trial be deferred 
due to his defendants, weakened condition.  Prosecutors 
urged that the session continue, noting that witnesses had 
been brought from Surabaya.  The judge granted the defense 
request and advised that Panjaitan persuade his clients to 
eat.  The trial would recommence on Friday September 22, 
regardless of the defendants, condition, the judge said. 
 
¶3.  (SBU) Comment.  So far, the defense has made no attempt 
to refute the evidence and testimony presented, and is 
instead resorting to stalling tactics and procedural 
maneuvering.  Panjaitan may be hoping to appeal a guilty 
verdict on procedural grounds.  The judge is probably aware 
of this possibility and therefore granted the defense request 
in order to deny the defendants an opportunity to claim later 
that she had been biased against them.  End comment. 
 
HEFFERN