Apologies for the delay in translation and posting.
On Thursday 28th Feburary 2013 at 11.oo o’clock Papuan time the third session of responses to the Public Prosecutor was held regarding the Legal Council’s Letter of Exception from the 14th February 2013.
In the Letter of Exception, concerning the indictment read by the Legal Council, there was the following:
1. 1. Procedures were undertaken without compliance to regulations set out by KUHAP (the law code of criminal procedure), with the consequence that the investigation conducted with the publication of the Prosecution’s Indictment Letter is invalid.
2. The indictment letter by the brother of the Public Prosecutor isn’t accurate, isn’t clear and doesn’t comprehensively state the charges against the defendant.
3. The actions of the defendants can be categorised as criminal offences intended in the first indictment:
- Article 2, Paragraph (1) Emergency Act 12 (1951)
- Article 55, Paragraph (1) The first KUHAP and/or the second indictment
- Article 106, KUHP (Indonesian Criminal Code)
- Article 55, Paragraph 1 (the first)
4. It states the process of the investigation into the defendant is flawed.
5. It states the letter of indictment is not clear, accurate or complete.
6. It states the criminal actions of the defendant are not in fact criminal actions as included in the Indictment: Article 2 paragraph (1) Emergency Law 12, 1951. Article 55 paragraph (1) the Criminal Code (KUHP) and/or Indictment 2 : Article 106 Criminal Code (KUHP). Article 55 paragraph (1) Ke-1
7. It states ‘null and void’ or at the very least, cannot receive the indictment letter by the Public Prosecutor numbered Reg.PDM-02/TMK/Ep.2/01/2013 from the 17th January 2013.
8. Releasing the defendant of all charges and lawsuits.
9. Freeing the defendant from custody and reinstating the defendant’s good name. But, the Public Prosecutor’s brother is Andita.
Riskianto, SH rejected the Exception Letter by the Legal Counsel and requested that the Timika District Court have the power to investigate and prosecute this case. A further hearing will be held on Thursday 7th March, 2013.
Meanwhile, Legal Counsel Ivonia Tecjuri told reporters and family that the exception wouldn’t be changed. “We’re keeping the original exception,” she said.
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