Marijuana trafficker gets death sentence

Marijuana trafficker gets death sentence

Bahrul Ilmi Yakub, The Jakarta Post, Palembang

The South Sumatra High Court has imposed the death penalty on
Kiagus Zainal Abidinagainst, who had previously been sentenced to
18 years in prison by a lower court for possessing 58.7 kilograms
of marijuana.

Hairul Sutrisno, a clerk of the high court, told The Jakarta
Post here on Wednesday that the decision was made by a panel of
four judges in a hearing presided over by Judge Harifin Tumpa, in
the city on Dec. 3, 2001, which would soon be delivered to the
district court.

"The high court tried the case after the defendant appealed
soon after the Palembang District Court sentenced him to 18 years
in prison last September," he said.

Harifin said on Wednesday that Harifin and the other three
judges, Basuki Suhendro, Agustinus and Loto Rungu, had
unanimously decided on a death sentence for the defendant because
of the severity of the crime.

"The defendant, along with another (accomplice) who was
sentenced to 20 years in jail, have been proven guilty of
possessing the banned substance, and of having trafficked and
sold it," he added.

"We can only imagine how many youngsters would have been
affected by the substance were it to be sold; the defendant
deserves the death penalty in consideration of his violation," he
said.

Harifin acknowledged that the sentence was much harsher than
that imposed by the district court, but said it was a lesson for
other would-be drug traffickers.

"Marijuana or narcotics traffickers must be given the harshest
penalty to prevent youngsters from being involved in such cases,"
he said.

Law No. 22/1997 on narcotics threatens a mandatory 15 years in
prison for those found guilty of consuming and trafficking
illegal drugs.

It was the first narcotics case in the province in which a
person found guilty of possessing marijuana was given the death
penalty.

Kiagus, 36, and Aldo bin Hasan Umar, 32, both residents of
Palembang, were first arrested on Dec. 25, 2000 by local police
acting on a tip from neighbors, according to authorities.

Aldo, who was sentenced 20 years last September, did not
appeal to a higher court and is currently serving out his jail
term at Palembang Penitentiary.

Saiman, Kiagus's lawyer, said his client was shocked by the
high court's decision, and said he would appeal it to the Supreme
Court.

"The high court's decision is not fair and not balanced with
my client's violation," said Saiman.

Herly Salia, a criminal law expert at the University of
Sriwijaya in the city, said she empathized with the high court's
decision as an effort to combat the marijuana mafia in the
province.

"A majority of local people support the death penalty," to
stop marijuana traffickers, she added.

In August of 2000, the Tangerang District Court in Banten
sentenced three people to death for their involvement in an
international drug syndicate, and for trying to smuggle cocaine
out of the country.