Tangerang, Posinternasional.com
Lawyer Fernando Miguel Gama De Sousa, a foreign citizen (WNA) from Portugal in a cocaine-type narcotics case, submitted a 58-page defense note at the Tangerang District Court, Banten, to free his client from punishment.
Fernando’s attorneys, Muhamad Faris, Fredy Maxi Paat, Josua Marlahan Situmorang and Supriadi from the attorney’s office, Prof OC Kaligis, took turns reading the plea before the judge chaired by M. Alfi Sahrin Usuf and prosecutor Raden Isjunianto at Thursday’s hearing.
“During the examination of the defendant, there were criminal acts by the prosecutor, such as postponing the trial five times and not presenting evidence but it had been destroyed,” he said.
He added that any evidence according to the Criminal Procedure Code based on Article 194 paragraph 3 and Article 39 paragraph 1 must be kept intact until the judicial process is complete and has definite legal force.
Because evidence is an inseparable part of the criminal justice system, it must be presented at trial. However, the postponement of the trial up to five times is contrary to the principles of administering judicial power, namely simple, fast and low-cost justice in accordance with article 2 paragraph 4 of Law No. 48 of 2009 concerning Judicial Power.
In the previous trial, the defendant Fernando was charged by the prosecutor with the death penalty, and this was considered cruel by the lawyer, in this case it should have been a remedy but it was as if the prosecutor had used the criminal law as a mere tool to satisfy prestige.
“If the demands are granted, the defendant’s life will be lost, which will be a source of joy for the prosecutor by leading to opinions as if the prosecutor is a hero in this case,” he said.
He added that it is truly cruel and inhumane if ancient laws are still used today without considering human rights even though the defendant is an ordinary human being to live his life.
At the trial there were no witnesses who saw directly that the defendant was the owner of cocaine in room 3361 of the Swiss Bell Hotel Pecatu, Bali.
During an examination using a urine test, the defendant found that there was no drug content, because he had been to Bali several times for holiday and surfing purposes.
Likewise, the testimony of witness Jainuddin, members of the National Police, is misguided and unfounded that the drugs were sent from Brazil and the statement of Rui Pedro Azevedo Viana (another defendant) did not know where the cocaine came from and withdrew the BAP on April 22 2024.
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