Missing evidence questioned

TANGERANG (JP): A defendant in a drug case burst into tears after finding out that Rp 10 million and three cellular phones belonging to her which had been confiscated by the police were missing.

The defendant, Erni bin Muchtadi, 37, a resident of Jl. Mangga Besar VIII, Central Jakarta, is on trial before the Tangerang District Court for illegal possession of shabu-shabu (crystal methamphetamine) and ecstasy pills.

She was arrested by a squad of patrolling police officers on April 16 this year as she was allegedly making a drug transaction in her car on Jl. Kelapa Puan 18, Gading Serpong housing complex, in the Curug district of Tangerang.

Erni told the court that when her car was searched, police officers seized Rp 10,551,000, allegedly obtained from selling drugs, four cellular phones, nine packets of shabu shabu weighing 27 grams in total, and two blue ecstasy pills.

But when prosecutor Laswan read out his indictment, he said that there was only Rp 551,000, one cellular phone, and the drugs accompanying the book of evidence which was furnished to the prosecutors' office by the police.

Following Presiding Judge Suhartoyo's order, the prosecutor presented First. Brig. Denny Hidayat, a Tangerang police investigator, to testify before the court.

"When preparing the book of evidence, I was only given Rp 551,000, a mobile phone and the drugs by First. Adj. Brig Abu Bakar, who arrested the defendant," Denny told the hearing.

However, the defendant insisted that Deny had received all of the money and the four cell phones.

Judge Suhartoyo, however, turned down a request from the defendant's lawyer, Husein Tuhuteru, for an order summoning Abu Bakar and other police investigators to testify about the allegedly missing evidence.

"This court is only concerned with the substance of the case. Furthermore, the witness was testifying under oath. If the witness lied, he will have to account for his lies to God," Judge Suhartoyo said.

The defendant is charged with violating Article 78 of Law No. 5/1997 on psychotropic substances, which carries a maximum punishment of 12-years imprisonment.

The trial will resume on Oct. 10.(41)