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Bashir may walk
 Indonesian firebrand cleric Abu Bakar Bashir will celebrate the Islamic New Year tomorrow in an optimistic mood, knowing his chances of walking free from his second trial on terrorism charges are good.Key witnesses have refused to testify against him. And as their case against him wallows, prosecutors have dropped demands for the death penalty and instead have asked judges to jail Bashir for just eight years. The specially convened court in a South Jakarta auditorium is in its final weeks and the five presiding judges could hand down a decision as soon as February 22. But few expect the verdict to go against the 66-year-old cleric accused of being the inspiration and spiritual figurehead for the al-Qaeda linked Jemaah Islamiah (JI) terrorist network. A string of high profile witnesses either did not show or refused to give evidence against Bashir. Prosecutors have had to rely almost solely on the testimony of bespectacled Malaysian Mohammad Nasir Abbas, who is the most senior JI leader to roll over. Abbas told the court in December that he learned to fight over six years as a Mujahideen against invading Soviet forces on the killing fields of Afghanistan. He then became an instructor at a secret JI jungle training camp in the southern Philippines. Later, he was promoted to command the third Mantiqi - or division of JI - covering Brunei, Malaysia and the southern Philippines, as well as Indonesia's northern provinces. He told the court he was sworn in by Bashir in the Javanese city of Solo in 2001 and first saw the cleric in the Philippines in 2000 during a passing-out ceremony for 17 Indonesian militants. "Bashir headed Jemaah Islamiah. He gave a speech in front of the students, and stayed there for two or three days," he said. But Abbas was shouted down by hundreds of Bashir supporters and since then the parade of other key witnesses has stayed largely silent. They include the so-called repentant Bali bomber Ali Imron, currently serving a life sentence for his role in the blasts that killed 202 mostly-foreign tourists, and Hutomo Pamungkas, alias Mubarok. Bashir is charged with inspiring his followers to carry out the bombings and the 2003 attack on Jakarta's JW Marriott hotel, which killed 12 people. But Imron said he met Bashir at a Surabaya hotel shortly before the Bali attacks and "there was no guidance or blessing from Bashir relating to the bombings". Others to have withdrawn evidence include Bali bomber Idris, alias Mohammad Ikshan, and Rusman Gunawan, the younger brother of detained JI operations supremo Hambali. Sidney Jones, a JI expert from the International Crisis Group, said prosecutors had mounted a poor case against Bashir. She also said they have been hampered by a Constitutional Court ruling last year striking down the use of retroactive anti-terrorism laws against him. "Clearly the case against him has been very weak," she said. "It was always going to be very difficult to prove involvement in Bali or the Marriott, and when the first trial failed because it was so poorly prepared by the prosecutors, that meant that they went into the second trial already at a disadvantage. "When the Constitutional Court prevented them from going back at looking at where the evidence against him was much clearer - the (2000) Christmas Eve bombings for example - the case became extremely difficult to prove." In September 2003, a court acquitted Bashir of several terrorism charges and said there was no evidence that he was the head of Jemaah Islamiah. He was convicted on minor immigration charges. Prosecutor Salman Maryadi told the court this week that evidence clearly showed Bashir was guilty of acts of terrorism in Indonesia that had led to the endangering or loss of lives. But one of Bashir's lawyers Wirawan said Salman's request was pure bravado. "I have to say it was courageous. Not a single statement from any witness supports the elements of the charges," he said. The verdict will be closely watched by both Australia and the United States, as both have accused Bashir of being a key terror leader. To add momentum to his defence, Bashir told the court that religious extremists were wrong to stage attacks in Indonesia because the world's largest Muslim-populated country was not at war with anyone. He said if Muslims wanted to wage jihad or holy war against the United States, they should go to countries like Afghanistan. And Jones said even if Bashir walked free it was unlikely to reinvigorate JI, which has been hit hard by a string of arrests after Bali. "The more interesting question is not whether he gets acquitted, but what difference it makes," she said. "I'm not sure it makes that much of a difference. Clearly if he gets acquitted it will be greeted by his supporters as a huge triumph over American pressure. "But on the other hand it's not going to mean that the security risk in Indonesia jumps dramatically. "I think he has played a seriously bad role, but his return to (his Islamic boarding school) Ngruki is not going to mean that he will suddenly start organising operations." Posted by: Dan Darling 2005-02-09 |
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