Police arrested Zarina without warrant: Witnesses

JAKARTA (JP): City police detectives testified before judges at the South Jakarta District Court on Wednesday that they arrested drug suspect Zarina Mirafsur and her boyfriend Ahian Santoso alias Yeye without an arrest warrant in their possession.

"We went back to the city police headquarters right after the arrest, and we realized that the warrant was at our office," Maj. I Gusti Ketut Gunawa, an officer in the city police's narcotics department, told the judges.

Gunawa, who testified before a pretrial hearing of a lawsuit filed by Zarina's father, said he signed the warrant hours after the police raid on Wednesday, Nov. 11.

"Usually, our superior issues a warrant before an arrest is made. Duty officers also sign warrants," he said.

Another witness, Chief Sgt. Abad Gaya Harefa, said the police always arranged an arrest warrant before apprehending suspects.

"Of course, we were equipped with a warrant during the arrest," he said in response to a question raised by Zarina father's lawyers.

But he remained silent when asked by one of the lawyers, Aidil Johan, whether he saw and read a warrant before arresting Zarina and Yeye.

Article 18 of the Criminal Code Procedures stipulates that the police should show a warrant to suspects before arresting them. A warrant should include information on the suspect's identity, the reason for the arrest and the charges made against the suspects.

Judge I Gde Putra Yadnya, however, objected to some of the lawyers' actions, such as interrupting witnesses while they were testifying.

The judge also warned the lawyers to refrain from asking insignificant questions during the hearing, such as inquiring whether Gunawa was carrying a gun at the hearing.

Zarina's father, Mirafsur Khan, filed suit against the police early this month, claiming the arrest of Zarina was unlawful.

The city police are being represented by lawyers Capt. Barnabas Iman S, among others, while Mirafsur is being represented by 25 lawyers, including Aidil and M. Amin.

The 25 lawyers are substitutes for four other lawyers -- Petrus Bala Pattyona, Ali Mazi, Kores Tambunan and Roy Rening, who were declared suspects by the city police for allegedly fabricating evidence at a trial of a lawsuit filed by Zarina, also at the South Jakarta District Court.

The court rejected Zarina's lawsuit late last month over a legal technicality, citing that Zarina's lawyers did not have a letter appointing them to represent her in court.

Gunawa, who led the arrest, insisted that his team had carried out their duty lawfully.

"I even gave the warrant to Zarina and Yeye, who were in a room at the hotel," he said.

Zarina and Yeye were arrested in a raid on a hotel in West Jakarta last month.

Gunawa said he received a tip-off from a community member hours before the arrest. He contacted three other team members: Abad, Chief. Sgt. Yanto and Sgt. Maj. Kamal.

Assisted by hotel employees, the police found the suspects allegedly taking drugs in five of the hotel rooms, he said.

"We apprehended 13 people in five separate rooms, including Zarina and Yeye who were inside room 1512," he said.

He said the police seized one gram of shabu-shabu (crystal methamphetamine), aluminum foil containing shabu-shabu residue and a bong from the room.

"Zarina asked Yeye to claim that he was the owner of the drugs," Gunawa said, adding that Yeye did confess to owning the drugs.

He said that later in the city police headquarters, Yeye denied that he owned the drugs and said they belonged to Zarina.

In total, police confiscated 835 ecstasy pills, 51.2 grams of shabu-shabu, 28 pornographic movies, six bongs and two small scales.

Judge Putra adjourned the hearing until Friday, when he will announce the verdict. (asa)