Mon, 08 Nov 2004

Indonesia appeals for worker's life

Fabiola Desy Unidjaja, The Jakarta Post/Jakarta

The Indonesian Embassy of Malaysia has filed an appeal against the death sentence given to Indonesian maid Herlina Trisnawati, who was found guilty of murdering her employer.

Consular affairs bureau chief Supeno Sahid said on Sunday Herlina's lawyer was waiting for the Court of Appeal to schedule the hearing.

"We submitted the appeal on Friday," Supeno told The Jakarta Post.

The government was trying to hire a new local lawyer for the coming trial, he said.

"Hopefully we can find some leeway to gain better arguments at the Court of Appeal."

After more than a three-year legal process, Herlina was sentenced to death on Thursday by hanging by the Malaysia High Court for the premeditated murder of her employer in August 2001.

Under the Malaysian judicial system, the case now goes to the Court of Appeal, and should it be rejected, a final appeal can be lodged with the Federal Court.

Courts have heard that on Aug. 14, 2001, Herlina, 22, hit her employee Soon Lay Chuan with a stone pestle, after Soon reprimanded her for burning the food. Soon tried to fight back with a knife, but Herlina managed to grab it and stabbed Soon several times.

"She said she had no intention to kill her employer, but she was very upset at the time," Supeno said. The embassy had been in contact with Herlina since the day of the incident, he said.

Herlina's lawyer has pleaded temporary insanity for his client, saying she was under high stress during the incident and that the killing was not an intentional act.

"We asked for the (High) Court to send her a psychiatrist, but it denied the request, saying it was irrelevant," Supeno said.

He rejected suggestions the embassy had not assisted Herlina during her court proceedings.

"We have raised the case several times since 2001 with the (Malaysian) central government," he said.

Supeno said he had missed Herlina's last hearing on Thursday because he had to deal with the deportation of illegal migrant workers.

The embassy was attempting to bring Herlina's parents from Indonesia as soon as possible to visit their daughter in jail, he said.

Indonesian Ministry of Foreign Affairs spokesman Yuri Thamrin said the government was doing everything it could to lobby Malaysia on Herlina's behalf.

"We do not want to interfere with (Malaysia's) legal processes, but that said .... we believe Herlina's actions do not constitute premeditated murder and hope that the court could reduce her sentence," Yuri said.