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)