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Student’s Singapore Death In Legal Limbo
Ismira Lutfia | August 01, 2009

The family of deceased Indonesian student David Hartanto Wijaya walking out of court in Singapore on Wednesday. (Photo: Wong Maye-E, AP) The family of deceased Indonesian student David Hartanto Wijaya walking out of court in Singapore on Wednesday. (Photo: Wong Maye-E, AP)
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Valkyrie
7:57am Aug 1, 2009

The Minister has quite rightly and wisely stated that the case was tried in a coroner's court. People like OC Kaligis should explain to the bereaved family what this process actually means and why the Indonesian Government cannot interfere.

From "prima facie" evidence, it was alleged that suicide was involved. The onus of proof that David died otherwise, now lies with the family to present before the Supreme Court of Singapore.

There are no short cuts in processing the rule of law in Singapore, more especially when death is involved.

The family now wishes to overturn the verdict. This is going to be an expensive and uphill task. Don't ever stop to think for a second that the Singapore courts are going sit around doing nothing whilst waiting for an appeal to be processed.

To say the case was bias would be a misnomer. They are meticulous in cases of this nature. Expert witnesses from all ranks and file are at their call.

What I am trying to convey is that unless the family has hard and solid evidence, then proceed in their appeal. Hypothesis and circumstantial evidence won't work and may I add that "suap" won't either. Don't ever try it there, it'll blow in your face. You wouldn't need a suicide bomber either.

Don't work up your emotions. Be sensible and do the right thing.

My heartfelt sympathies once again to the bereaved family.


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Foreign Affairs Minister Hassan Wirajuda said on Friday that it would be impossible to bring the case of student David Hartanto Wijaya’s death in Singapore before international courts.

David, 22, was found dead at the campus of Nanyang Technological University on March 2. His family and friends believe he may have been murdered, although the Singapore Coroner’s Court on Wednesday ruled his death a suicide.

The minister’s statement came as lawyers for David’s family accused the Foreign Ministry of failing to assist the family and declared their intention to take the case to a higher jurisdiction, possibly the International Court of Justice.

Hassan said the ICJ and the International Criminal Court only handled cases such as genocide or disputes between states.

“I hope that no one would give false hopes to the family to carry on with an impossible process,” Hassan said, adding that Indonesia was not even a state party to the ICC because it had not ratified the Rome Statute.

He said the family could file for the review process themselves or they could ask for the government’s assistance in dealing with the High Court in Singapore.

“We have to be aware that the coroner’s court is a legal process to determine the cause of death,” Hassan said, adding that this matter was different from citizen protection cases in which the embassy could directly deal with individuals who had a problem.

Hassan said the government sympathized with the family, but there were limitations to what the state could do because this was a legal matter in a foreign country.

“So it is not possible to hope for a diplomatic intervention,” Hassan said.

A lawyer for David’s family, OC Kaligis, said it was unlikely that David, a bright, cheerful student, had committed suicide. He said the family would continue their fight to bring the case to a higher court.