Police arrested Zarina without warrant: Witnesses
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)