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Cablegate: Timika Trial: Wamang Sentenced to Life in Prison

VZCZCXRO1880
OO RUEHCHI RUEHDT RUEHHM
DE RUEHJA #3142 3111152
ZNR UUUUU ZZH
O 071152Z NOV 06
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1942
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS IMMEDIATE
RUEHPB/AMEMBASSY PORT MORESBY IMMEDIATE 3254
RHMCSUU/FBI WASHINGTON DC IMMEDIATE
RHHJJPI/USPACOM HONOLULU HI IMMEDIATE
RHEHNSC/NSC WASHDC IMMEDIATE
RUEAWJB/DEPT OF JUSTICE WASHDC IMMEDIATE

UNCLAS JAKARTA 013142

SIPDIS

SENSITIVE
SIPDIS

FBI PLS PASS CTD/ITOS I, CTD/ITOS II, GOU'
SECSTATE 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: TIMIKA TRIAL: WAMANG SENTENCED TO LIFE IN PRISON

REF: JAKARTA 12874 (TIMIKA DEFENDANTS REFUSE TO
RESPOND)

1. (SBU) On November 7, Judge Adriani Nurdin sentenced
Anthonious Wamang to life in prison for premeditated murder
in connection with the August 31, 2002 murders of two
Americans and one Indonesian in Timika, Papua. Although
prosecutors had requested 20 years, Judge Nurdin cited
several considerations in exercising her prerogative to
impose a heavier sentence. First, she said that the evidence
presented in court showed that Wamang had continued to shoot
even though he had realized that the victims were civilians,
not members of the Indonesian Armed Forces (TNI). This,
Judge Nurdin said, was a severe violation of human rights.
Secondly, Judge Nurdin said that the defendants' behavior in
court amounted to obstruction of justice. Despite the
court's attempts to meet the defendants' demands, they had
refused to cooperate with the proceedings. Finally, she said
that Wamang had carried out his crime as a member of a banned
organization, the Papuan Independence Organization (OPM).

2. (SBU) Judge Nurdin sentenced Agustinus Anggaibak (AKA
Johnny Kasomol) and Yulianus Deikme to seven years each for
participating in premeditated murder. She sentenced the
other defendants - Hardi Sugimol, Ishak Onawatme, Esau
Onawatme, and Yairus Kiwak - to eighteen months for aiding
and abetting an act of violence. These sentence are somewhat
less than those recommended by prosecutors, who had called
for 15 years for Angaibbak and Deikme, and eight years for
the other co-defendants.

3. (SBU) The Central Jakarta courtroom was packed with press
and noisy demonstrators. The session was also attended by
Patsy Spier, the widow of Amcit victim Rick Spier. The
defendants walked out before Judge Nurdin read the
three-judge panel's verdict.

4. (SBU) Comment. From our point of view, this is an
excellent outcome. In the coming days, we will research how
long Wamang is likely to spend behind bars; it may not be
life per se, but will be a very long time. Although the
defense lawyers have announced their intention to appeal,
their prospects for success are remote. Since the defense
made no effort whatsoever to challenge the evidence against
Wamang and his co-defendants, they will likely rely on
political and procedural arguments which are unlikely to
receive a sympathetic hearing. End comment.
PASCOE

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