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Jakarta Post

Death sentence surprises defendant

Briton Lindsay June Sandiford, 56, who was on trial for smuggling 4

Ni Komang Erviani (The Jakarta Post)
Denpasar
Wed, January 23, 2013

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Death sentence surprises defendant

Briton Lindsay June Sandiford, 56, who was on trial for smuggling 4.7 kilograms of cocaine, and the spectators who attended her final trial session Tuesday, were equally taken by surprise when the panel of judges at the Denpasar District Court sentenced her to death.

The verdict was far heavier than 15 years imprisonment sought by prosecutors. Although the existing legal system and codes have never specifically limited the judges’ authority in deciding a sentence in relation to the demand filed by the prosecutor, it is very rare for the panel of judges to issue a verdict that is significantly different, both in form and length, to that sought by the prosecutor.

“The defendant is convincingly proven guilty of importing narcotics as regulated in Article 113 of the 2009 Narcotics Law. The defendant is hereby sentenced to death,” presiding judge Amser Simanjuntak said.

Sandiford looked stunned by the verdict. However, unlike in previous sessions, when she sobbed repeatedly, this time the mother of two managed to keep her composure. She kept her eyes down and had a troubled expression on her face.

Similar disbelief was also seen on the faces of her lawyer and the spectators, who entered the courtroom with the belief that Sandiford might have to deal with 10-15 years’ imprisonment, particularly since the court had displayed such generosity and mercy to the other three Britons and one Indian national implicated in the case.

“We give seven days for the defendant to file an appeal over the verdict,” Amser added.

Member of the panel of judges, IGB Komang Wijaya Adi, cited several aggravating factors that convinced the judges to hand down the maximum sentence. “The defendant’s actions tainted the image of Bali as a tourist destination and also went against the government’s efforts in eradicating drug smuggling.”

Moreover, the panel of judges viewed the defendant as being uncooperative during the trial.

“She repeatedly refused to acknowledge that the 4.7 kilograms of cocaine was hers, she didn’t provide the court with straight answers and she didn’t show any remorse for her wrongdoings.”

The panel of judges hurried from the courtroom immediately after declaring the end of the session, preventing waiting journalists from questioning the reasoning behind the verdict.

The British Embassy in Jakarta said that it would continue to provide assistance to Sandiford.

“We are aware that Lindsay Sandiford is facing the death penalty in Indonesia. We strongly object to the death penalty and continue to provide consular assistance to Lindsay and her family during this difficult time,” the embassy said.

“We have made repeated representations to the Indonesia authorities and the foreign secretary raised Lindsay Sandiford’s case with Dr RM M Marty Natalegawa, Indonesian foreign minister, during the recent November state visit of the Indonesian President.”

Prosecutor, Lie Putra Setiawan, said that he respected the verdict as the judges’ best decision. “It is the judges’ authority to give the sentence, and we respect it,” he said.

Sandiford, on the other hand, refused to give any comment. Her lawyer, Esra Karo Karo, announced that he was deeply disappointed with the verdict.

“She was forced to take part in this criminal act. The drug syndicate had sent her several threats. She also has been diagnosed with depression and treated with a course of medication. The judges should be considering that,” he said.

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