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Lawyers say charges invalid, Prita must be released
Lady in white: Prita (center), accompanied by her defense attorney O
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Lady in white: Prita (center), accompanied by her defense attorney O. C. Kaligis (right), delivers her defense during the second hearing of her trial at Tangerang District Court, where she faced libel charges from Omni International Hospital. (JP/Multa Fidrus)
A team of defense lawyer led by O. C. Kaligis requested that the Tangerang District Court drop all libel charges against Prita Mulyasari as they were invalid.
“We request that the panel of judges accept Prita’s objections against the charges and completely cancel them,” Kaligis told the panel of judges presided over by Karel Topu on Thursday.
He said Prita had not violated the law by sending her complaints of the Omni International Hospital’s poor service, and its doctors’ inability to diagnose her illness, via email.
According to the lawyers, as a patient, Prita deserved to voice her disappointment as it was a public service institution that must provide the best services to its patients.
He said Prita complained via email to friends because the Omni management had not satisfactorily responded toward written complaints she submitted to customer service manager Dr. Grace.
“Prita’s complaint is a form of social control by community members toward the hospital services because it is a public service institution. There were no signs she intended to defame the hospital and its doctors with her email.”
He said Omni management had used Prita’s complaints against her instead of opening its door to any complaints over poor service community members had received.
“Therefore, we concluded prosecutors have made a mistake in making the charges by using Article 27 and 45 of the Internet Information Transaction law, which can not stand alone.
“I am sure Prita will be freed from the charges.”
In response to the defendant’s lawyer’s counter statement, prosecutors Rachmawati Utami and Riyadi said they would prepare replies.
The panel of judges adjourned the hearing until next Thursday to hear the prosecutors’ replies.
During the session, a number of activists from a number of different groups staged a peaceful rally in front of the court’s doors.
Separately, Lula Hadi. S, Omni’s legal department chief asked what would happen to the 600 hospital employees should the Health Ministry revoke its operational permit as recommended by the House of Representatives’ Commission IX.
“The hospital is the place where 600 employees earn money to feed their family members. The government should also think of them.”
In a related development, lawyers from O. C. Kaligis law firm released a detailed version of another case involving Omni in Tangerang: that of Juliana Dharmadi who reported Omni to the Jakarta Police on Wednesday, accusing Omni of causing the blindness of one of her premature newborn twin sons, Jayden, by leaving him in the incubator for too long.
Julius Wirawansyah, the lawyer representing Juliana, said the accused, in this case Dr. Ferdy Limawal of Omni, diagnosed Jayden with respiratory problems and said Jayden must use an incubator.
“But 42 days later, during the boys’ first immunization, other doctors she saw concluded Jayden would be blind due to an eye condition known as premature retinopathy, and that he could not be cured,” he said, adding the doctors “strongly suspected this was caused by his over-usage of the incubator”.
Omni has yet to make any statement regarding this particular case. Ratna Situmorang, a legal counsel for Omni’s case against Prita, said she was not the legal counsel for Omni against Juliana and that no one had talked to her about it.
