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Indonesian Prosecution Opposes MMI Leader Sentence

Baysir's case seems far from over yet

JAKARTA, September 8 (IslamOnline.net & News Agencies) - The controversial verdict against the leader of the Mujahideen Council of Indonesia (MMI) and owner of an Islamic school in Indonesia Abu Bakar Baysir has been appealed Monday, September 8, by Indonesian prosecutors, according to Central Jakarta district court.

The Central Jakarta district court spokesman Andi Samson Nganro, who also sat on the five-member panel of judges in the trial of the Muslim cleric, said "The prosecutors filed two appeal notes concerning the trial of Abu Bakar Baysir".

On September 2, the court in its verdict cleared Baysir, 65, of the charge that is punishable by up to life in prison, and instead found him guilty on the lesser charge of taking part in a plot to overthrow the government and jailed Baysir for four years for taking part in the Jemaah Islamiyah (JI) plot.

"We do not share the opinion of the judges that Baysir is only guilty of the subsidiary charge... we remain of the opinion that Baysir has been proven guilty of violating Article 107, Point two (of the penal code)," the spokesman of the attorney general's office, Antasari Azhar was quoted as saying, according to Agence France-Presse (AFP).

Baysir, who says he was framed by the United States because he campaigns for Islamic Shari'a law in Indonesia, is appealing against his conviction.

Nganro said one of the appeals was addressed to the appeal court and concerned the primary charge and another was addressed to the Supreme Court and concerned a violation of immigration laws.

No further details have been provided other than that under the law, the prosecutors had to submit written papers containing the bases for their appeal within seven days.

The Australian government and foreign commentators expressed disappointment at what was seen as a light sentence.

Meanwhile, Azhar, was quoted by Detikcom online news service as saying that the prosecutors would appeal the ruling that Baysir was not guilty of leading and organizing a plot to overthrow the government.

The prosecutors would also appeal to the Supreme Court against Baysir's acquittal on an immigration offence, according to Azhar, who could not be reached for comment.

The International Crisis Group and other analysts say JI is now based in Indonesia. The ICG says its members probably number in the thousands.

In an interview with Monday's Koran Tempo newspaper, Baysir repeated his denials of a personal hand in terrorism.

He described alleged terrorist leader Hambali as "a good man" but possibly over-zealous. Hambali was arrested in Thailand last month and is being detained by the United States at an undisclosed location.

Baysir said Hambali had made great contributions in providing humanitarian aid to Muslims during the conflict with Christians in Ambon in the Maluku islands that has left more than 5,000 people killed between in three years.

He said Hambali might have been "too emotional" and "he may have been too excessive."

Officials say Hambali was the link between al-Qaeda and JI. Indonesian police say he was behind 39 JI bombings in eight cities between August 2000 and the Bali blasts last October which killed 202 people.

"I am not convinced that Hambali was aiming at doing an act of terror... Hambali's aim is to defend Islam and fight America but he just went over the limits," Baysir said.

"I am certain that if he did conduct the bombings, something must have been wrong," the cleric added.

He said he himself never condoned bombings to defend Islam against pressure from the United States and its allies. "It is useless. Just fight back with boycott," he said.

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