At 1:00 P.M. six of the seven defendants sat on the bench and the lead judge asked them, using the Amungme translator (he is new from the last hearing), if they were well and ready to hear the witness testimonies. The defendants said that they were well and ready to hear the testimony. The prosecution explained that Hardi Sugumol was recovering from his illness and for that reason he was not able to attend the hearing. Mr. Johnson Panjaitan, the lead defense lawyer, objected to what was said and stated that Mr. Sugumol was not recovering, but was very ill. The lead judge stated that she had a letter from a doctor that had examined Mr. Sugumol, and that the letter stated that Mr. Sugumol was recovering. The six defendants then moved to their seat behind the defense team.
One of the judges swore the new Amungme translator in, and at 1:15 P.M., the first of the four Indonesian military witnesses was called to testify. This first witness was not present on Tuesday, Sept. 19th. This witness was a soldier who was stationed at Post Mile 64 on the Freeport road (which is located between the ambush site and Tembagapura). After being sworn in the prosecution began their questioning. His testimony consisted of statements explaining his involvement in securing the area around the ambush site. He stated that he was notified by one of his men that an expatriate (his wife was traveling with him) had reported shooting while he was traveling from Tembagapura to Timika. After being notified of the shooting, this soldier and four other soldiers traveled with the expatiate to the site (the expat's wife stayed at the post). The soldier stated how they were shot at in route to the site. The prosecution, defense team, and the judges questioned him for a little over an hour about what he saw, heard, and did after arriving at the ambush site. They also questioned him about what he saw, heard, and did on Sept. 1st, when he participated with the military and police in a reconstruction of the ambush.
At 2:25 P.M., the second Indonesian military witness was called to the stand. This soldier was also stationed at Post Mile 64. He testified how he was the soldier who the expatriate first spoke to about the shooting. He along with four other soldiers rode with the expatriate to the ambush site. He also stated how they were shot at in route to the site. He was questioned by the prosecution, the defense team, and the judges about what he saw, heard, and did when arriving at the ambush site. They also questioned him about what he saw, heard, and did on Sept. 1st, when he participated with the military and police in a reconstruction of the ambush. He was questioned for a little over an hour.
At 3:35 P.M., the third Indonesian military witness was called to the stand. This soldier was stationed at Mile 58 (the tunnel, which is located between Timika and the ambush site). He testified that he was at his post when an Indonesian drove up to him and informed him that foreigners were being shot at between Mile 62 and Mile 63 (there were two other passangers in this Indonesian's vehicle). The soldier explained that on his way to the ambush site he and his men met up with an expatriate transporting two wounded Indonesians back toward the tunnel (where this soldier had just come from) and then he, some of his men, and the expatriate went back to the ambush site. He stated that he heard shots about three minutes before arriving at the ambush site. He was questioned by the prosecution, the defense team, and the judges about what he saw, heard, and did when he arrived at the ambush site. They also questioned him about what he saw, heard, and did on Sept. 1st, when he participated with the military and police in a reconstruction of the ambush. He was questioned a little less than an hour.
At 4:30 P.M., the fourth, and last, Indonesian military witness was called to the stand. This soldier was stationed at a post other than Mile 64 or Mile 58. He stated that he was informed of shooting at approximately 1:00 P.M., on August 31st; but was not ordered to move until 6:00 P.M. At 6:00 P.M. he was ordered to go to Post Mile 64. The soldier was asked if he passed Mile 62 and Mile 63 (the site of the ambush) on his way to Mile 64. He responded that he had, and that he saw some of his fellow soldiers posted there. He stated that he was part of the teams that went to the ambush site on Sept. 1st. He stated he heard shooting on Sept.1st, and moved in on the shooters, and that one of the shooters was killed (the man that was killed was called Mr. X, but has since been identified as Elias Kwalik). The soldier was questioned by the prosecution, the defense team, and the judges about what he saw, heard, and did when he first heard about the ambush, and what he did on Sept. 1st, during the reconstruction of the ambush that was done by the military and the police. He was questioned for approximately 45 minutes.
After each of the witnesses testified, the judges gave all the defendants the opportunity to ask questions of the witness and to make any statements (this was done after Steve, Ken and my testimonies also...the defendants chose not to be in the court room when the FBI agents testified). Anthonius Wamang stated after the first soldier testified that he didn't agree or disagree with the testimony and that only God knew, and after the last soldier's testimony he stated that he did not own a blue or red shirt as described by the soldier of the two he saw running away from Mr. Kwalik's body. The other defendants said that they either did not know about what happened at the ambush or that they were in Timika at the time.
The next court date will be Tuesday, Sept. 26th, with victim witness testimony of the three Indonesian victim witnesses (those who were shot during the ambush). The judges said that if they were not present, their statements would be read in their place. The defense stated that they would then begin bringing their mitigating witnesses. Court was adjourned at 5:25 P.M.
I arrived at court at 9:45 P.M. Six of the seven defendants arrived in court at 12:10 P.M.and sat in the first two rows of seating that are in the audience section. The three judges arrived and court was called to order at 12:20 P.M. Seven of the defense team were present, and three of the prosecution team were present. When court was called to order Isak Onawame (one of the defendants) walked up to the witness bench and told the other defendants to follow him, and they did.
The defense team began by talking about Hardi Sugumol (the defendant that has been absent from the court proceedings) and his illness. The defense stated that a doctor had not seen Mr. Sugumol. The prosecution presented a letter from a doctor stating Mr. Sugumol's condition, and then presented the letter to the judges. The defense came up to the bench and looked at the letter.
The prosecution stated that the victim witnesses that were to be at today's hearing had just received their summons yesterday (Monday, Sept. 25th). Because of that the two victim witnesses were not in court today, but could be in court on Friday (Sept. 29th). The defense asked to see the summons letter, at which time members of both the prosecution and the defense went up to the judges' stand to look at the summons letter.
There was more discussion about witnesses (and during this back and forth the judge had to tell the audience to quiet down). There had been a demonstration in front of the court building from 10:30 A.M. until the defendants arrived at 12:10 P.M. Those demonstrators followed the defendants into the court building and into the court room. When the demonstrators came in the courtroom they all went by the six defendants and shook their hands.
The discussion that took place between the prosecution, the defense, and the judges was about the order of the witnesses: victim witnesses (two of the Indonesians who were wounded in the ambush, the third is unwilling to participate), defense witnesses, then expert witnesses. It was decided that if the defense witnesses were not in attendance on Friday, that the expert witnesses could testify on Friday, Sept. 29th. The court was saying that they wanted to use the time efficiently.
Mr. Panjaitan (the lead defense lawyer) spoke of Kelly Kwalik (an OPM member) saying that the defense was trying to get associates of Mr. Kwalik to testify as defense witnesses.
Court is to be held on Friday, Sept. 29th, and it was requested by the lead judge to begin earlier than 10:00 P.M. Court was adjourned at 12:37 P.M....but just before court was adjourned Mr. Panjaitan asked the lead judge permission to take Mr. Sugumol (the defendant that is ill) to the hospital. The judge gave Mr. Panjaitan her permission. Throughout the whole proceeding the Amungme translator translated what was being said for the defendants.