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Monday, 9 May 2011

Abu Bakar Bashir has escaped the death penalty in relation to the discovery of a terrorist cell and paramilitary training camp after Indonesian prosecutors dropped two key charges against the radical Muslim cleric.

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Abu Bakar Bashir has escaped the death penalty in relation to the discovery of a terrorist cell and paramilitary training camp after Indonesian prosecutors dropped two key charges against the radical Muslim cleric.

But the 72-year-old, who many suspect of being behind the deadly 2002 Bali bombings, could still spend the rest of his life behind bars if found guilty of raising funds for the camp, discovered last year in a mountainous jungle area in the Indonesian province of Aceh.

In delivering their sentence request in the South Jakarta District Court on Monday, prosecutors conceded they had failed to prove the primary charge of trafficking in explosives and weapons for use in a terrorist act.


They also failed to prove a secondary charge of using violence or threats of violence to cause terror.

Both charges, which carry a maximum penalty of death, were, therefore, dropped.

However, they maintained there was enough evidence, collected from a number of Bashir's former allies, to prove he was involved in raising funds for the camp and the cell known as Takjim al-Qaeda Serambi Mekah (al-Qaeda of the Veranda of Mecca).

It's believed the group was planning to carry out attacks with suicide squads targeting Westerners, political leaders and police in Indonesia.

While the remaining charge also carries the death penalty, prosecutors instead opted for a life sentence, citing the defendant's age.

They said Bashir, as a religious leader, was supposed to provide an example for his followers.

"But the defendant has led his followers to commit actions that are against the law of Indonesia," prosecutors said, adding that he had shown no remorse for his actions.

Prosecutors said the evidence presented during the trial, including testimony from former key allies, showed Bashir was clearly at the centre of money-raising efforts.

One of the key witnesses in the trial, Luthfi Haidaroh, also known as Ubaid, had previously told the court that he acted as a middle man between Bashir and members of the cell, including the deceased terrorist known as Dulmatin.

Dulmatin, killed in a police raid last year, was involved in making the bombs for the 2002 Bali attacks which killed 202 people, including 88 Australians.

Bashir served almost 26 months in prison for conspiracy over the 2002 Bali bombings, but was later acquitted on appeal.

In February, Ubaid was sentenced to 10 years in prison for raising funds for firearms and supplies for the terrorist cell, while others who gave evidence against Bashir have also been convicted and sentenced.

It is their evidence which prosecutors believe should also ensure Bashir, who will turn 73 in August, spends the rest of his life in jail.

As he was being led from the court, Bashir said the charges brought against him were the act of "friends of the devil", referring to the prosecutors.

"Such insolence. These people should be called terrorists. May Allah immediately send them a disaster," he said.

"What's most important is that I defend Islam."

As the sentence request was read out, about 100 Bashir supporters outside the court shouted: "God is great, God is great".

They continued to rally as Bashir was being driven away in a police convoy, which included armoured vehicles.

The case is due to return to court on May 25, when the defence will respond to the prosecution's sentence request.

Earlier, before appearing in court, Bashir had hailed former al-Qaeda leader Osama bin Laden, killed last week in a raid by US special forces in Pakistan, as a great warrior.

"For Osama, by Allah's will he now lives in heaven and he receives great honour for he is a great warrior," Bashir said from his jail cell.

"He has made a great sacrifice," adding that he was the bin Laden of Indonesia.

"The government wants to make me a terrorist icon like Osama," he said.

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