Susilo to seek Badawi's clemency

Susilo to seek Badawi's clemency

Fabiola Desy Unidjaja, The Jakarta Post, Jakarta

President Susilo Bambang Yudhoyono will request leniency from
Malaysian authorities for an Indonesian migrant worker on death
row when he meets Prime Minister Abdullah Ahmad Badawi on the
sidelines of the Asia Pacific Economic Cooperation (APEC) Summit
on Nov. 21.

Minister of Manpower and Transmigration Fahmi Idris said on
Monday the President understood crimes could not be left
unpunished, but the murder involving 22-year-old Herlina
Trisnawati was not premeditated.

"Our target is to help her escape the death sentence. In his
instruction, the President ensures that every Indonesian citizen
facing legal problems abroad must be assisted," Fahmi said after
a Cabinet meeting.

Malaysia's High Court (the lowest level of court for severe
crimes) convicted Herlina last week for killing her employee Soon
Lay Chuan on Aug. 14, 2001 and sentenced her to death.

Herlina hit Soon with a stone pestle after Soon reprimanded
her for burning the food. Soon tried to fight back with a knife,
but Herlina managed to grab it and stabbed Soon several times.

Her lawyer pleaded for temporary insanity, saying that Herlina
was under high stress and was not fully aware of what she was
doing.

However, the court rejected the plea and dismissed a
suggestion for Herlina to see a psychiatrist.

The Indonesian Embassy, through the lawyer, appealed the
verdict on Friday.

For the appeal hearing, the embassy would hire a new local
lawyer, and has asked for the legal transcript of the hearings to
find any loopholes in the verdict.

The embassy is also sending Herlina's parents to see her at
the Malaysian penitentiary center upon her request.

It will be the Malaysian king who will decide whether to
pardon Herlina, but the prime minister could give advice to do
so.

Fahmi said to prepare the defense plea, Herlina's lawyer will
be invited to Indonesia next week and meet her family to explain
the ongoing legal process for Herlina.

"We are going to do what we can to have her sentence lowered
because she did not commit premeditated murder," he said.

The Migrant Care non-governmental organization (NGO) joined in
to pressure the Malaysian government to commute Herlina's death
penalty, saying she was a victim of domestic violence in
Malaysia.

"Unfortunately, the Malaysian media have always blamed foreign
workers rather than looking deeper into the root of the problem,"
the NGO said in a statement.

It said domestic workers were also the least protected foreign
working community as the Malaysia Employment Act does not provide
any form of legal protection for them.

"Sentencing Herlina to death will not solve fundamental
domestic violence problems because there are more than 300,000
Herlinas in Malaysia and there is a tendency of converting their
grievous hurt in revenge against their employers," it said.