Kaligis said that while in Bali his client was only on holiday and had never used any type of narcotics.

Tangerang, Posinternasional.com

Lawyer OC Kaligis stated that the 2,598.9 milligrams of liquid cocaine narcotics evidence charged against his client, Fernando Miguel Gama De Sousa, had been destroyed by the police before the verdict by the judge at the Tangerang District Court, Banten.

"The evidence is part of the contents of the indictment but in fact it has been destroyed, this is contrary to Article 143 paragraph (2) letter b of the Criminal Procedure Code," said OC Kaligis in Tangerang, Tuesday (25/6/2024).

Kaligis said this in the trial notes on the defense agenda for his client Fernando Miguel Gama De Sousa, a foreign citizen from Portugal who was arrested by Polda Metro Jaya officers at a hotel in the tourist area of ​​Badung, Bali.

In the trial presided over by judge M Alfi Sahrin Usuf and public prosecutor Raden Isjunianto, Kaligis took turns reading a 20-page statement.

Fernando also read his four-page defense in English accompanied by an interpreter during the trial.

He said that in Article 143 paragraph 2 letter b of the Criminal Procedure Code, a careful, clear and complete description of the criminal act charged was not fulfilled, meaning that the prosecutor's indictment was null and void.

The prosecutor took Fernando to court at the Tangerang District Court along with his friend Rui Pedro Azevedo Viana, who is also a defendant, a Portuguese citizen while on holiday in Bali.

Fernando was arrested without showing identification or a letter of assignment, did not provide the reason for the arrest and committed acts of violence or torture.

Kaligis objected that the Tangerang District Court had no authority to try the case, including that the charges could not be accepted and the charges should be dropped.

According to him, the district court has the authority to try all cases regarding criminal acts committed within its jurisdiction, this is based on article 84 paragraph 1 of the Criminal Procedure Code, so the one who has the right to hear this case is the Denpasar District Court, Bali.

He added that in the investigation report (BAP) many witnesses, namely Luis Nuno Punto Da Silva, Theo Dorus Arional Zendrato, Riza Mahardika Sidha and I Ketut Jagra Wijaya explained the scene of the incident at Villa Bukit Kirana, Jalan Belimbing Sari III No.1, Pecatu, Badung , Bali.

Kaligis said that while in Bali his client was only on holiday and had never used any type of narcotics, even though the defendant Rui Pedro Azevedo Viana was the person who brought liquid drugs in three bottles of shampoo and soap during an inspection at Terminal 3 of Soekarno-Hatta International Airport, Banten. 

The determination of the suspect Fernando as a defendant was clearly forced because he never received liquid narcotics, never received money and there was no evidence of transactions with Rui Pedro.

Meanwhile, the prosecutor, said Kaligis, listed three police officers, namely Jainuddin, Oktavianti and Vishnu Bagus as witnesses who gave statements against Fernando.

Even though the police should be tasked with looking for two pieces of evidence and not providing testimony against the defendant, this is a conflict of interest.

**** (adi)

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