Judge bars witness in forensic expert's trial
Judge bars witness in forensic expert's trial
JAKARTA (JP): West Jakarta District Court barred on Tuesday
testimony from a witness named by Marthadinata's parents in their
suit against forensic expert Mun'im Idries, who they claim
revealed their murdered daughter's autopsy results.
Presiding judge Basoeki refused to allow testimony of Handoko
Tjondro Putranto, a University of Indonesia forensic expert, who
was presented by lawyer Frans Hendra Winarta. He cited concerns
over neutrality.
"We will ask the Ministry of Health or Indonesian Medical
Doctors Association to appoint an expert to testify in the case,"
Basoeki said.
He justified the refusal on the grounds that the defense would
object to presentation of an expert witness by the plaintiffs.
Although a disappointed Frans repeatedly asked the court to
examine the expertise and objectivity of Handoko, he failed to
sway Basoeki.
He finally acceded to the judge's decision to summon another
witness.
"According to the Civil Code, the plaintiffs should actively
bring witnesses to prove their suit. The court would then
determine whether testimony was true or not," Frans said outside
the court.
He said that he called on Handoko to confirm that revealing
autopsy findings violated a physician's ethical tenets on
confidentiality.
Handoko also teaches ethics at the university, he added.
Frans was permitted to call Ita F. Nadia, coordinator of the
Volunteers for Humanity group which counseled rape victims from
last May's riots, and Munir, coordinator of the Commission for
Missing Persons and Victims of Violence.
Ita told the court that she was informed by Mun'im that
Marthadinata, also known as Ita, was sodomized when she was
murdered on Oct. 9.
"Mun'im told me about the sodomy on the sidelines of a
seminar. Our conversation was overheard by several reporters who
then wrote the story."
Ita said Marthadinata, 18, helped her mother Wiwin
Suryadinata, an activist in a volunteers group, collect
signatures at her senior high school for a petition to support an
investigation into the May rapes.
Munir testified that he visited the morgue at Cipto
Mangunkusumo General Hospital on Oct. 10 and heard Mun'im talking
to reporters about the autopsy.
"The following day, I protested Mun'im's statement about the
sodomy. He should not have revealed the autopsy," he said.
Defense lawyer Warsito Sanyoto requested the court strike
portions of the testimony from the record, contending it was
irrelevant to the case.
Marthadinata's parents, Wiwin and Leo Haryono, and Mun'im were
not present on Tuesday.
They are suing Mun'im for Rp 2 billion (US$228,571) in damages
for bringing the family's name into disrepute.
Basoeki adjourned the trial until next week to hear further
testimony.
Marthadinata was found dead from multiple stab wounds in her
home in the Sumur Batu area of Central Jakarta. The next day,
police arrested her neighbor, identified as Suryadi alias Otong,
for the murder.
He is being tried at Central Jakarta District Court. (jun)
JAKARTA (JP): West Jakarta District Court barred on Tuesday
testimony from a witness named by Marthadinata's parents in their
suit against forensic expert Mun'im Idries, who they claim
revealed their murdered daughter's autopsy results.
Presiding judge Basoeki refused to allow testimony of Handoko
Tjondro Putranto, a University of Indonesia forensic expert, who
was presented by lawyer Frans Hendra Winarta. He cited concerns
over neutrality.
"We will ask the Ministry of Health or Indonesian Medical
Doctors Association to appoint an expert to testify in the case,"
Basoeki said.
He justified the refusal on the grounds that the defense would
object to presentation of an expert witness by the plaintiffs.
Although a disappointed Frans repeatedly asked the court to
examine the expertise and objectivity of Handoko, he failed to
sway Basoeki.
He finally acceded to the judge's decision to summon another
witness.
"According to the Civil Code, the plaintiffs should actively
bring witnesses to prove their suit. The court would then
determine whether testimony was true or not," Frans said outside
the court.
He said that he called on Handoko to confirm that revealing
autopsy findings violated a physician's ethical tenets on
confidentiality.
Handoko also teaches ethics at the university, he added.
Frans was permitted to call Ita F. Nadia, coordinator of the
Volunteers for Humanity group which counseled rape victims from
last May's riots, and Munir, coordinator of the Commission for
Missing Persons and Victims of Violence.
Ita told the court that she was informed by Mun'im that
Marthadinata, also known as Ita, was sodomized when she was
murdered on Oct. 9.
"Mun'im told me about the sodomy on the sidelines of a
seminar. Our conversation was overheard by several reporters who
then wrote the story."
Ita said Marthadinata, 18, helped her mother Wiwin
Suryadinata, an activist in a volunteers group, collect
signatures at her senior high school for a petition to support an
investigation into the May rapes.
Munir testified that he visited the morgue at Cipto
Mangunkusumo General Hospital on Oct. 10 and heard Mun'im talking
to reporters about the autopsy.
"The following day, I protested Mun'im's statement about the
sodomy. He should not have revealed the autopsy," he said.
Defense lawyer Warsito Sanyoto requested the court strike
portions of the testimony from the record, contending it was
irrelevant to the case.
Marthadinata's parents, Wiwin and Leo Haryono, and Mun'im were
not present on Tuesday.
They are suing Mun'im for Rp 2 billion (US$228,571) in damages
for bringing the family's name into disrepute.
Basoeki adjourned the trial until next week to hear further
testimony.
Marthadinata was found dead from multiple stab wounds in her
home in the Sumur Batu area of Central Jakarta. The next day,
police arrested her neighbor, identified as Suryadi alias Otong,
for the murder.
He is being tried at Central Jakarta District Court. (jun)