He said from the statements of Joao Martines Machado Dias De Sousa and Ines Teixeira.

Jakarta, posinternasional.com

Lawyer Fernando Miguel Gama De Sousa, a foreign national (WNA), from Portugal who is suspected of being involved in a liquid drug case, submitted seven acts of evidence to the panel of judges at the Tangerang District Court, Banten, chaired by M Alfi Sahrin Usuf.

Fernando’s lawyers from the Prof. OC Kaligis Office, namely Muhammad Faris and Andi Ari Azhari in Tangerang, Thursday (15/8/2024) have submitted a number of documents as acts of evidence in the trial.

Faris said that the acts of evidence confiscated by investigators from the defendant Fernando at Villa Kirana, Pecatu, Bali were in the form of four oval glass bowls, one white digital scale, a press tool and a roll of plastic.

He said from the statements of Joao Martines Machado Dias De Sousa and Ines Teixeira Lacerda that the items confiscated by investigators were items used every day for cooking.

“This evidence confirms that the evidence confiscated from the defendant was never used for purposes other than cooking food,” he said.

Other evidence is, said Faris, the submission of a video in Room 3361 of the Swiss-Belresort Hotel, Pecatu on July 29, 2024, which was occupied by the defendant, but the video shows a video of a different situation in the room.

This is very different from the testimony of witnesses from investigators Jainuddin, Oktavianto and Wisnu Bagus, investigators from the Polda Metro Jaya who stated that they saw the defendant through the mirror handing over a purple bag and money to Rui Pedro Azevedo Viana, who was also a defendant at a separate trial.

He added that in fact, in the video there was nothing that showed the defendant ever handing over anything to the defendant Rudi Pedro Azevedo Viana.

However, Article 185 paragraph 6 letter b of the Criminal Procedure Code explains that in assessing the truth of a witness’s statement, the judge must seriously pay attention to the agreement between the witness’s statement and other evidence.

According to him, thus the statements of the witnesses revealed in the trial were suspected of being false statements so that the statements had to be set aside, so the panel of judges acquitted the defendant of all charges by the public prosecutor Raden Isjunianto.

In addition, the lawyer also submitted a Portuguese news portal in the form of a photo dated March 28, 2024, there was documentation carried out by investigators showing the defendant under the table in room 3361 with his hands handcuffed in a chaotic condition.

Meanwhile, in the statements of investigators’ witnesses Jainuddin and Wisnu Bagus, there was no documentation when the defendant was arrested.

Another evidence deed attack is the District Court Decision No. 115 / Pid.Sus / 2017 / PN Arm dated January 30, 2018 and the Supreme Court Decision of the Republic of Indonesia No. 2140 K / Pid.Sus / 2019 dated July 23, 2019.

The trial was continued on Tuesday (20/8/2024) with the agenda of hearing testimony that was in favor of the defendant Fernando.

** (adi)

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