S. Jakarta Court rejects Zarina's lawsuit on technical grounds
S. Jakarta Court rejects Zarina's lawsuit on technical grounds
JAKARTA (JP): A South Jakarta District Court judge cited a
legal technicality in dismissing on Friday the lawsuit filed by
alleged drug trafficker Zarina Mirafsur against the city police.
"You have no competency to represent the plaintiff Zarina in
the court hearings," judge Maulida told the woman's lawyers in a
pre-trial hearing.
"You have yet to receive an authorization letter from the
plaintiff to represent her in the court proceedings."
She said the lawyers only received a letter from the plaintiff
authorizing them to assist her and provide legal counsel, but not
to represent her in court.
Maulida said the lawyers should have asked the plaintiff to
issue the authorization letter prior to Friday's hearing.
"The lawsuit was filed in Zarina's name. She's supposed to
attend the hearing," she said in reading the decision.
One of Zarina's lawyers, Ali Mazi, defended the decision not
to ask her to sign a full authorization to represent her in court
hearings in her absence.
"The Tangerang Women's Prison had said it would let Zarina
attend the hearing, but this morning the city police suddenly
ordered both the Tangerang Police and the prison to cancel the
plan," Ali told the judge.
"We strongly believed that Zarina could attend the hearing
after the judge sent a letter to the Tangerang Women's Prison
asking the prison administration to let her attend today's
hearing," he said after the hearing.
"But the city police prevented her from attending the
hearing."
Ali said he and several Tangerang Police officers were in the
prison compound on Friday waiting for the permit for Zarina's
temporary release.
"But First. Sgt. Sukirno received a phone call from the city
police, requesting the cancellation of the plan," said Ali.
Denial
Chief of the city police detectives Col. Alex Bambang
Riatmodjo denied he ordered the Tangerang Police not to escort
Zarina to the hearing. "I don't know anything about the matter,"
he said after the hearing as he got into his car.
Ali said the lawyers would file a new lawsuit on Monday in the
court against the city police for the unlawful arrest of Zarina.
Zarina filed suit last week, demanding the court rule that her
recent arrest was unlawful.
"The court has yet to annul the substance of lawsuit, but the
court only annulled the way we handled the lawsuit," Ali said.
The proceedings on Friday contradicted the events on Thursday,
when Maulida ordered the city police's lawyers to renew their
authorization letter because it was only signed by Alex.
The letter should have been signed by the city police chief,
she said.
The city police's lawyers -- Capt. Barnabas Iman Setiyono and
First Lt. Ashanul Muqaffi -- submitted a revised letter at
Friday's hearing.
Zarina, together with nine other suspects, was arrested in an
early morning police raid of five apartments in a hotel in West
Jakarta early this month.
The former actress was sent back to the prison on Wednesday
evening after Minister of Law and Legislation Yusril Ihza
Mahendra revoked her conditional release status from her
conviction in 1996 for storing nearly 30,000 ecstasy pills. She
was granted a conditional release last year for good behavior.
(asa/41)