Many do not have legal council

Many do not have legal council

JAKARTA (JP): Many defendants on trial in Jakarta did not have
legal council because they feared the cost, a lawyer said
yesterday.

Defendants have the right to cheap or free services from the
legal aid office at each district court, but lawyer Felix Lumban
Gaol, a Legal Aid Post coordinator, said defendants did not know
their rights or feared a lawyer would make the legal procedures
longer.

Legal Aid Post provides cheap or free legal council at the
East Jakarta District Court.

"We get the impression that judges consider legal defense as
mere procedural formality", Felix said.

However, a defendant at the East Jakarta District Court said
yesterday the Legal Aid Post did not clearly explain its
services' prices.

The Ministry of Justice pays Legal Aid Post lawyers Rp 200,000
(US$ 85.1) per case if the judge approves their representation of
a defendant. In these cases defendants do not pay.

Yesterday, three defendants charged with murder at the East
Jakarta District Court refused legal representation.

One of the defendants, Gn, said they feared they could not
afford lawyers.

Gn. said Legal Aid Post lawyers "were not explicit about
payment".

Another defendant, Ni, 40, charged with swindling job
applicants of Rp 600,000 said her trial would be quicker if she
was not represented.

Nina said her prosecutor advised her against having lawyers
because they would only complicate and lengthen the process.

An East Jakarta District Court judge, Soenarto, said judges
always informed defendants of their right to legal council but
could not force defendants to be represented.

Felix said he was "very concerned about unrepresented
defendants."

He said in cases in which defendants faced over five-years
jail the Criminal Code Procedures states they must be
represented.

He said from January to November at the East Jakarta District
Court there were over 500 people charged with theft involving
violence.

The offense carries a maximum seven years jail. "Not even half
of them were represented," Felix said.

Felix said he suspected prosecutors, who have direct access to
defendants during their detention, encouraged defendants not to
seek legal council.

In one sexual assault case a prosecutor asked judges to
adjourn the trial because he "forgot" to bring the defendant to
court. The prosecutor said he forgot because he was busy with
many cases.

Felix said this reflected the prosecutor's strong role.
Prosecutors "can come up with all sorts of reasons" which lead to
defendants' rights being neglected, Felix said.

"This is why the pwincipal of a quick, cheap and fair trial
cannot be implemented," he said.

Felix said many prosecutors told clients not to have legal
council or they would ask the court for a more severe penalty.

"Of course defendants are afraid to be represented," the
lawyer said.

A court official who requested anonymity said judges often
told defendants to seek legal council only when they considered
the crime serious.

"But (the advice) often comes too late," Felix said.
"Defense lawyers have many difficulties because they did not
represent clients since police interrogation". (07)