Prosecutors Appeal Sentence for Crew Member Fandi Who Escaped Death Penalty in 2-Ton Meth Case

The Riau Islands High Prosecutor’s Office has officially filed an appeal against the five-year prison sentence imposed on Fandi Ramadhan, a crew member (ABK) suspected of involvement in the circulation of two tons of methamphetamine (sabu).

The Head of Legal Information at the Riau Islands High Prosecutor’s Office, Senopati, stated that this was due to the criminal act committed by Fandi being closely related to the actions of the other five defendants in the case.

“For the case of Fandi Ramadhan, the public prosecutor has filed an appeal. Because the defendant’s actions are closely related to the actions of the other five defendants who have also filed appeals,” he said in a written statement on Thursday (2/4).

The five defendants who filed appeals are Hasiholan Samosir (captain), Leo Chandra Samosir (helmsman), Richard Halomoan Tambunan (cargo supervisor), and two Thai nationals, Teerapong Lekpradub (helmsman) and Weerapat Phongwan alias Mr Pong (engineer).

Therefore, he said, the Public Prosecutor (JPU) has submitted a memorandum of appeal to the Riau Islands High Court c/o Batam District Court based on Article 289 paragraph (1) of the Criminal Procedure Code (KUHAP).

“So as to avoid disparities in decisions and to realise the fairest possible ruling,” he stated.

He explained that the filing of the appeal is a constitutional right of the Public Prosecutor as stipulated in Article 285 paragraph (1) of the KUHAP to re-examine the first-instance judge’s decision which is deemed not to reflect a sense of justice and legal certainty.

“The appeal is necessary to maintain consistency in law enforcement against serious criminal acts, and to prevent disparities in decisions in similar cases among crew members,” he clarified.

In addition, he said, the JPU sees a disparity in first-instance decisions at the Riau Islands High Court and Batam District Court with evidence weighing two tons, and the Karimun District Court decision with evidence weighing 700 kilograms, even though the roles of the defendants are the same.

“Moreover, the Riau Islands High Court has also imposed a death penalty in the case of crew members of a ship with evidence weighing 700 kilograms that occurred in the Karimun jurisdiction,” he added.

Previously, the Panel of Judges declared Fandi Ramadhan proven legally and convincingly guilty of committing the criminal act of conspiracy without right or against the law, acting as an intermediary in the sale and purchase of Schedule I narcotics not from plants weighing more than 5 grams as charged in the primary indictment by the public prosecutor.

The judges’ verdict was lighter than the demand by the Public Prosecutor from the Batam District Prosecutor’s Office, who previously sought the death penalty against the six defendants in this case, including Fandi Ramadhan.

The judges’ decision considered the JPU’s demands, the defence from the defendant’s legal counsel, witness testimonies, expert opinions, and evidence consisting of 67 brown cardboard boxes wrapped in clear plastic.

In detail, 66 boxes each contained 30 green-coloured Chinese tea packages of the Guanyinwang brand, inside which was one package of methamphetamine. One other box contained 20 green Chinese tea plastic packages filled with Schedule I narcotic crystal powder. The total net weight of the evidence reached 1,995,139 grams or nearly 2 tons.