Zarina says she is victim of circumstance

JAKARTA (JP): Maintaining she was not the owner of confiscated drugs, drug charge defendant Zarina Mirafsur asked the West Jakarta District Court on Friday to free her from all charges.

"The prosecutor's charges are unfair, Your Honor. I only met the wrong person (Ahian Santoso) at the wrong place," Zarina told the hearing presided over by Judge Basoeki.

The former badminton player was referring to the circumstances leading to her and her friend's Ahian Santoso, alias Yeye, arrest by the city police in a hotel apartment in West Jakarta on Nov. 11.

The early morning raid resulted in the seizure of 0.3 grams of shabu-shabu (crystal methamphetamine), tin foil and paraphernalia used to smoke drugs.

Zarina has denied possessing the drugs, saying she was visiting Yeye at the hotel apartment only to advise him on the dangers of the illegal use of drugs.

She asked Judge Basoeki to weigh up the truth of the witnesses' testimonies.

"The judge should be aware of false witness testimonies. Sometimes, witnesses can help judges (find out the truth of a case), but they can also lead judges into mistakes," she said at the end of the hearing.

Friday's hearing also featured a defense statement from Zarina's team of lawyers, which includes Ali Mazi, Petrus Bala Pattyona and Roy Rening.

In response to Zarina's request, Judge Basoeki assured the defendant the court would do its best to find out where the truth lay in the case and to punish her fairly.

"We'll consider all testimonies and evidence provided in the hearing before issuing a verdict.

"Don't doubt the judges' decision. We are responsible for the verdict before our God," he said.

The dialog between Zarina and the judge followed the lawyers' defense statement, in which the court was asked to drop the charges because of a legal technicality in their composition.

The lawyers questioned the prosecutors' ability to draw up one indictment for two separate cases.

"The prosecutors should file one indictment to the court for one case," they said.

The lawyers said the prosecutors had violated article 143 of the Criminal Code Procedure (KUHAP), which stipulates prosecutors must draw up an indictment with accurate, clear and complete information about the crimes charged to the defendant, including the place and time of the crime.

"The prosecutors' indictment is unclear and unacceptable, and therefore, should be dropped," said the lawyers in their defense statement.

In the indictment, the prosecutor said Zarina was firstly accused of possessing shabu-shabu when the police raided a house on Jl. Kemanggisan Utama Raya in West Jakarta on Oct. 1.

Later on Nov. 11, Zarina was arrested along with Yeye in the West Jakarta hotel apartment.

Zarina was charge with possessing shabu-shabu, a violation of article 62 of the 1997 Law on Psychotropic Substances, which carries a maximum jail sentence of five years.

The judge adjourned the hearing until Tuesday to hear responses from the prosecutors. (asa)