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Lawyers for Prita Mulyasari on Monday filed an appeal against a high court decision to order a retrial of her criminal defamation case, a move blasted by the Attorney General’s Office.

Prita was taken to court for sending an e-mail message to friends criticizing her treatment at the Omni International Hospital in Tangerang, Banten.

Last month, the Tangerang District Court threw out the criminal defamation case against her in a preliminary hearing, but the Banten High Court found the ruling unlawful and ordered a retrial in the district court.

Slamet Yuwono, one of Prita’s lawyers, said he was confident the provincial court would rule in favor of his client.

“We filed an appeal document with the Banten High Court today in the hope it will be immediately forwarded to the Supreme Court,” he said. “We also hope the retrial will not commence until the Supreme Court delivers its verdict.”

However, Abdul Hakim Ritonga, the AGO deputy for general crimes, said Indonesian law did not allow a decision ordering a
retrial to be appealed.

“The lawyers’ appeal is not recognized by the Criminal Procedures Law,” he said. “The defendant can only appeal against a court verdict that is decided through a full trial.”

The conflicting legal opinions add to the growing controversy surrounding the Electronic Transaction and Information Law, which was used to charge Prita.

The district court threw out the defamation case against her last month because it said the law did not come into effect until 2010. The high court later ruled that the law was misinterpreted.

In a separate civil case, Prita was ordered to pay Rp 312 million ($32,000) in damages to the hospital. She is appealing that decision and filing a countersuit.