Tommy-related cases: When A becomes B<\/p>\n
Muninggar Sri Saraswati, The Jakarta Post, Jakarta<\/p>\n
Many people tell lies. They may lie to their boss, spouse,
\nneighbors, and even to the police, or judges.<\/p>\n
During police investigation, a suspect may say 'A', but then,
\nwhen he or she is brought to court, he or she may say 'B' instead
\nof 'A'.<\/p>\n
Defendants commonly withdraw their statements made before the
\npolice, claiming that they were coerced into making certain
\nstatements.<\/p>\n
That has also been the case with several defendants related to
\nHutomo \"Tommy\" Mandala Putra.<\/p>\n
Take Elize Maria Tuwahatu, for example. Elize was Tommy's
\naccomplice who was sentenced to 10 years in prison last year for
\nthe illegal possession of bombs. During the police investigation,
\nshe admitted that she had received the bombs from Tommy. The
\nstatement was made in the presence of a lawyer.<\/p>\n
But when she was tried at the East Jakarta District Court, she
\nwithdrew her statement, saying that she made the statement under
\npolice coercion.<\/p>\n
Hetty Siti Hartika, the manager of Cemara Apartments which
\nbelongs to the Soeharto family, also withdrew her statement in
\nthe police dossier that implicated Tommy in the same case.<\/p>\n
R. Maulawarman alias Molla and Noval Hadad, Tommy's bodyguards
\nwho are currently on trial for the murder of Supreme Court
\nJustice M. Syafiuddin Kartasasmita, also withdrew their
\nstatements.<\/p>\n
All of them retracted their statements related to Tommy, even
\nthough the statements had been made in the presence of their
\nlawyer.<\/p>\n
And all of that is allowed under Indonesian law.<\/p>\n
In the courtroom, a defendant may lie in order to defend
\nhimself because he is not under oath.<\/p>\n
Chairman of the Indonesian Legal Aid and Human Rights
\nAssociation (PBHI) Hendardi said defendants, guided by their
\nlawyers, may try to confuse law enforcers by giving inconsistent
\nstatements.<\/p>\n
In the end, it all depends on the judges whether they accept
\nthe \"lies\" or not.<\/p>\n
\"It depends on the judges, whether they allow the defendant to
\nfool them or not. They should be alert to the tricks of the
\ndefendant and the lawyer,\" he said.<\/p>\n
He noted that it is a common practice for the police to use
\npressure during the investigation.<\/p>\n
In order to avoid such things, Article 56 paragraph 1 of the
\nCriminal Procedures Code stipulates that a suspect or a defendant
\nfacing a charge that carries a minimum penalty of five years
\nimprisonment must be accompanied by a lawyer during questioning.<\/p>\n
The law also stipulates that the investigator must inform a
\nsuspect of his right to have a lawyer present during questioning.<\/p>\n
But verdicts often do not reflect the people's wishes because
\nof behind-the-scenes games by courtroom players.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/tommy-related-cases-when-a-becomes-b-1447893297",
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