Boy to sue police for libel and illegal arrest
Boy to sue police for libel and illegal arrest
JAKARTA (JP): A 14-year-old boy who was cleared of robbery charges last week is preparing a lawsuit against the police for defamation and for holding him in custody for 166 days.
"We will demand Rp 1 billion compensation in addition to apologies to rehabilitate our client's good reputation in the media," said Mohamad Arif Budi's lawyer, Abu Mansyur of the Posbakum legal aid agency.
Arif was cleared of charges last week on Jan.11 due to the prosecution's failure to produce witnesses and credible evidence.
Arif suffered material and immaterial losses following his alleged involvement in the robbery of a taxi driver, Abu said.
In the robbery, Arif was accompanied by his friend, 20-year- old Darto, who reportedly died on Aug. 5 from severe injuries.
"We are waiting for the letter of power of attorney from Arif's family before filing the lawsuit," Abu said.
The police, in the meantime, are preparing to face the lawsuit.
"Go ahead, as long as they go through the legal procedures," North Jakarta police head, Lt. Col. R. Abubakar, told Antara.
Separately, City Police spokesman Lt. Col. Iman Haryatna said the court's decision to clear Arif Budi of all charges astonished the police.
"It is beyond my comprehension how the panel of judges freed Arif Budi who obviously plotted the robbery with his now deceased friend Darto," said Iman.
Iman also refuted Arif's supposed student status. The media has reported that Arif is an elementary school student at Kalibaru's SD 04.
"He (Arif) was a student there, but only through third grade. So his status is really unemployed and not as a student," Iman said.
Judge Raden Ita ruled last week that Arif was not guilty of robbing a taxi driver on July 30, 1995, despite Arif's confession to the crime.
Arif testified in court that he and Darto met in Kalibaru, North Jakarta, to plan the robbery of a public transportation driver.
After their first attempt failed, due to the presence of a crowd, they decided to rob a Marline taxi. They ordered the driver, Casmadi, to head for Cilincing, North Jakarta. When they passed the Marunda area, Darto pointed a knife at Casmadi from the back seat and demanded his money. The driver refused, fought back and was then stabbed in the neck by Arif, who was also sitting in the back seat, Arif told the court.
An injured Casmadi then screamed "thief", scaring away Darto and Arif. A group nearby the incident then chased down Arif and Darto, who was beaten severely by the angry mob. Arif was left unharmed. The two were later apprehended and taken to the North Jakarta police station by two private security guards working at a nearby company.
Darto
Two controversies have since emerged surrounding the death of Darto, one involving the way he died and the other involving the date of his death.
The first involves accusations of police brutality causing Darto's death while he was in police custody. City Police spokesman Lt.Col. Iman Haryatna denies the accusation and responsibility for Darto's death.
According to Haryatna, Darto's death was the result of the injuries he suffered at the hands of the mob that beat him.
"Because of his injuries we brought him to Koja hospital. But since he did not seem to need any physical assistance, we brought him back to prison," Haryatna told reporters on Monday.
"It was not until Aug. 6, when a prison guard reported that Darto was weak, pale and had a high fever, that we took him to the hospital for more tests. Darto died on the way to the hospital," Haryatna continued.
However, public prosecutor A. Bakrie Thayeb said the post- mortem examination released by the City Health Agency showed that Darto died on Aug. 5, after being in police detention since July 31.
Another account, put forward by Arif, places Darto's death on Aug. 2, after weeks of being unable to eat due to the severe bruises around his mouth, which were allegedly inflicted by investigating officers. (14)