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Prita Acquitted, but Indonesia's AGO Plans Appeal
Ismira Lutfia, Heru Andriyanto, Putri Prameshwari & Ronna Nirmala | December 30, 2009

Prita Mulyasari crying outside the court after her trial. (AFP Photo) Prita Mulyasari crying outside the court after her trial. (AFP Photo)
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Reignmaker
12:41pm Dec 30, 2009

to b.jayman's - and thanks!

"Let us hope this is just the beginning of how a country's justice system should protect the populace and not just try to quell freedom of thought for purposes of control."

This, then is the fundamental lesson here. Singapore Courts were once corrupt as well. It was the attorneys who became whistle blowers to a zero tolerant PAP.

This case should be the beginning of the end for those Arrogants who are convinced that they can ignore the rules of justice, order and common sense in plain view of the general population.

Run the Appeal. It is good for the country.

Young, clear eyed Attorneys, this is your clarion call. Refuse to be 'Calo with Degree in Law' . Show pride in your chosen profession!

Statute law is both sword and shield --- and as Ibu Prita has shown here; the public is clearly ready to applaudissement a cleansing.


peterR
12:36pm Dec 30, 2009

All of this would go away if there was set standards that were properly maintained and controlled, real consumer rights and protection laws that were applied, and an efficient, honest, unbiased body to which consumers could go to get their complaints aired. Until then, consumers will be forced to use newspapers and the internet in an attempt to get justice.


Solace
8:04am Dec 30, 2009

As long as Indonesia condones this sort of behaviour displayed by Omni, backed up by a totally corrupt AGO, they will never rise off of thier knees. Everyone knows, with the right amount of money anything can be achieved. Justice here is just a word, not a commonly held belief.


Valkyrie
8:03am Dec 30, 2009

They had their pound of flesh and now the AGO's office wants the blood that goes with it. Shakespeare will rise from his grave and we need another Portia (Balthazar) to confront the Shylocks.

I guess the AGO's office does not mind being looked upon as the "tormentor" and............ with disdain in the eyes of the public.

So, what say you now bor234? Still dreaming of a fairytale ending?

Look very, very carefully, the crux of this case. It's not Prita which the AGO's office is after. It's people like us who are "free" to express our opinions. There are "phantom" elements backstage that's moving this.

These phantoms are fearful of people power being channeled through the media. As Sherlock Holmes liked to say..."it's elementary, my dear Watson."


peterR
7:56am Dec 30, 2009

Just how much money does the AGO waste just to feed it's unbelievable arrogance. From all I read and observe, the AGO is about as close to representing justice is as Hitler was to promoting Judaism. They are riddled with corruption and harbour more criminals in their ranks than the average prison. Along with the judiciary and the police, they make a farce out of law and order in this country.

Didiek Darmanto and all other AGO mouthpieces need to just shut-up, accept what has been determined by the courts, and start doing the job that they are paid to do, prosecute real criminals and stop victimising ordinary, good, Indonesian citizens.


The Attorney General’s Office responded quickly to Tuesday’s acquittal of cause celebre Prita Mulyasari on criminal defamation charges by vowing to appeal the verdict to the Supreme Court.

The decision by the AGO to continue trying to imprison the mother of two for complaining via email about the service at a Tangerang hospital could cause a further public backlash against the country’s law enforcement system at a time when its credibility is at its lowest point in years, analysts say.

Nonetheless, prosecutors in Tangerang contend Prita remains a defendant in their eyes despite her acquittal at a retrial at the Tangerang District Court in Banten that has drawn international attention.

“We have 14 days to declare our stance, but we will challenge the acquittal for sure,” AGO spokesman Didiek Darmanto told the Jakarta Globe.

He dismissed Article 244 of the Criminal Procedures Code, which doesn’t allow prosecutors to challenge a “not guilty” verdict, saying it applied case by case and that judges still had room to maneuver.

Earlier on Tuesday, the Tangerang District Court acquitted Prita of defaming two doctors at Omni International Hospital in an email she sent to friends complaining about treatment she received at the facility.

“We pronounce the defendant not guilty and her good name must be restored,” presiding judge Arthur Hangewa said as he read the verdict, which was broadcast live on national television.

Joyous celebrations broke out as the verdict was read.

The panel of judges ruled that the email “didn’t carry defamatory intent and was instead meant as ‘constructive criticism’ for the sake of public interest.”

The verdict triggered elation in the courtroom, which was packed with Prita’s supporters.

“Allahu Akbar! Justice is done!” one shouted.

Prita, a housewife from Tangerang, knelt and kissed the court’s floor in a gesture of relief and gratitude.

“Thank you, thank you everyone,” she said tearfully as a mob of journalists and courtroom spectators surrounded her shortly after the trial ended.

However, a statement released by the AGO said that while the judges had found no defamatory intent, they had declared that Prita had sent the email.

The statement said: “The judges’ verdict should have cleared the defendant of all charges, but not have acquitted her because in their deliberations, they found a compelling reason [for Prita to send the e-mail], and they also said one of the charges could not be proven.”

It was the second acquittal issued by the same court in a now-infamous defamation case that has lumbered on for six months.

Analysts say the case has exposed injustices suffered by poor and middle-class Indonesians who become ensnared in the country’s judicial system.

Prita was charged under the controversial 2008 Electronic Information and Transaction Law that mandates up to six years in prison for defamation. There is a move underway in the House of Representatives to amend the law.

Prita was held in jail for three weeks earlier this year as she awaited trial, but media coverage and a swell of support on the social networking site Facebook compelled police to release her on bail.

The “Prita case,” has been a public relations nightmare for Omni, which from the beginning has been seen in the public’s eyes as attempting to bully a middle-class housewife.

The hospital won a separate civil case against Prita and recently was awarded Rp 204 million ($21,600) in damages, but it decided to drop the suit after Prita appealed.

Indonesians from all walks off life, ranging from scavengers to schoolchildren to members of President Susilo Bambang Yudhoyono’s Democratic Party, donated more than Rp 800 million to pay the fine.

As the tide began to turn, Prita struck back with a Rp 1 trillion countersuit against Omni, which is now seeking an out-of-court settlement.




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