The Advocate Team for Papuans took a picture with the defendants of the mass riot case of 29 August 2019 during the break of the resumed trial at the Jayapura District Court on Wednesday (02/12/2020). - Jubi / Hengky Yeimo

The defendants were not proven guilty of doing vandalism, says legal counsellor team

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The Advocate Team for Papuans took a picture with the defendants of the mass riot case of 29 August 2019 during the break of the resumed trial at the Jayapura District Court on Wednesday (02/12/2020). – Jubi / Hengky Yeimo

Jayapura, Jubi – The Advocate Team for Papuans read the plea or the memorandum of defence on behalf of their clients charged with vandalism in a mass riot of 29 August 2019 in Jayapura City at the Jayapura District Court on Wednesday (12/2/2020). In the hearing, the counsellor team argue their clients not proven of carrying out such destructive acts that were charged by the public prosecutor.

The Advocate Team for Papuans, in the trial chaired by Judge Maria Magdalena Sitanggang together with two member judges Muliyawan and Abdul Gafur Bungin, read the pledge on behalf of the defendants Mika Asso, Jhoni Weya, Persiapan Kogoya, Yusup Marthen Muay, Ronald Wandik, Elo Hubi, Rofinus Tambanop, Ali Asso, and Yoda Tabuni. In the pledge reading, the counsellor team stated their clients were not proven to have committed crime of damaging goods or objects or shops throughout Jayapura as charged by the public prosecutor.

“By facts, the trial has proved that the defendants did not commit the acts of vandalism as accused by the prosecutor,” said the advocate team chairman Sugeng Teguh Santoso in the pledge reading.

Furthermore, in their pledge, the attorney team emphasised the failure of the public prosecutor in presenting the fact witnesses who could prove the destructive acts by the defendants in a mass riot on 29 August 2019 during the trial. On the contrary, the trial has indicated intimidation and violence against the defendants by investigators during the investigation.

“The name of suspects against the defendants did not match with evidence, while the investigation did not follow the standard procedure,” said Sugeng during the pledge reading.

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Meanwhile, a counsellor team member Frederika Korain said, in the case of her clients, the public prosecutors failed in presenting witnesses who could testify on destructive acts by the defendants on the anti-racism protest of 29 August 2019 in the courtroom.

“A law case is supposed to be supported by strong evidence and case witnesses. However, in this case, there was no strong evidence and qualified case witnesses presented by the public prosecutor,” she said.

When reading the pledge on behalf of her client, Korain stressed that the process of the investigation had involved unjust acts, where the defendants experienced violence and had forced to amid the crime that they had never done.

“In the trial, they have revoked the investigation dossiers which granted by the panel of judges. This defence also underlines this,” said Korain.

Earlier, on Tuesday (11/2/2020), the panel judges of the Jayapura District Court consisting of Alexander Tetelepta and two members Roberto Naibaha and Korneles Waroi had said guilty to three defendants of the mass riot of 29 August 2019.

Oktavianus Hisage was found guilty after naming a defendant of a computer theft at the Papua Election Commission’s Office during the anti-racism protest. He sentenced to six months in prison, minus time off in custody time.

The same panel judges also convicted Yosam Wenda and Yoda Tabuni to pledged guilty of stealing a keyboard at the Secretariat Office of Dharma Wanita Papua on 29 August 2019. Both convicted to six months sentence, minus their detention time.

Their legal counsel Frederika Korain said after the trial on Wednesday, “We are still thinking about whether to appeal the verdict or not.” (*)

 

Reporter: Hengky Yeimo

Editor: Pipit Maizier

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