http://www.theage.com.au/world/bali-bombmaker-guilty-only-of-passport-fraud-20120528-1zfad.html
Bali bomb-maker 'guilty only of passport fraud' 
Michael Bachelard
May 29, 2012 
  a.. 
Court debates Bali bomb-maker sentencing
Umar Patek's lawyer says a life sentence is "too heavy" for the Indonesian 
militant who has admitted involvement in the 2002 Bali bombings.

MASTER bomb-maker Umar Patek was guilty only of passport fraud and shared no 
criminal responsibility for the Bali bombings, his lawyer argued in court 
yesterday.

Even though Patek, 45, has admitted to mixing 50 kilograms of explosive 
chemicals for the bombs that killed 202 people, his lawyer said he could not be 
blamed because he did not ''deliberately'' participate.

Last week prosecutors asked for a life sentence for the religious fanatic known 
as the Demolition Man, who learnt bomb-making at a mujahideen camp on the 
border of Pakistan and Afghanistan in the early 1990s.

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Umar Patek. Photo: AFP

But Patek's lawyers argued he did not realise the size of the bomb or the 
nature of the undertaking until after he had arrived at the rented Bali house 
where members of terror group Jemaah Islamiya were staying.

Patek said in evidence this month that only then was he shown the chemicals and 
the filing cabinets into which they were to be packed, and told that ''bule'' 
(white people) were the target.

Whatever he had done, his lawyer said, was at the orders of Imam Samudra, who 
was executed for his crimes in November 2009.

''When the defendant saw such a large amount of explosive materials, he was 
angry towards Imam Samudra,'' lawyer Asludin Hatjani said.

''The defendant reminded Imam Samudra that Muslims could also be killed. But 
Imam Samudra replied that all had been decided.''

Mr Hatjani said there was ''nothing the defendant could do'' to stop the plot.

''It did cross the defendant's mind to leave Bali but he could not do it 
because the money left in his pocket was only 10,000 rupiahs ($1.10),'' the 
lawyer argued. ''Therefore Umar Patek's action did not fulfil the element of 
'deliberate' … With or without the defendant, Bali bombing would have taken 
place anyway … So, could the defendant be blamed for people's deaths while it 
wasn't his intention?''

Patek is charged with participating in the bombing of Christian churches at 
Christmas 2000, illegal possession of firearms at an Aceh terror training camp, 
concealing information about a terror attack, and passport forgery. Of all 
these charges, the document fraud was the only one he was guilty of, his 
lawyers argued.

But the prosecution told the court last week that Patek was a linchpin in the 
plot. He was capable of creating the bombs used, and he would have been aware 
of the devastation they would cause.

Prosecutor Bambang Suharijadi said Patek was a ''terrorist and murderer'' who 
was linked closely to international terrorist organisations.

Patek left Indonesia after the 2002 atrocities and remained on the run for 10 
years, trying as recently as last year to form new connections between 
south-east Asia terror networks and al-Qaeda.

He was captured in January last year in the Pakistani town of Abbottabad, where 
US forces killed al-Qaeda leader Osama bin Laden less than four months later.


Read more: 
http://www.theage.com.au/world/bali-bombmaker-guilty-only-of-passport-fraud-20120528-1zfad.html#ixzz1wNb6MKfi


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