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Malaysian court adjourns hearing on two death-row RI workers
A panel of judges at Malaysia's Court of Appeal in Putrajaya, outside Kuala Lumpur, has decided to adjourn the appeal petition hearing of two Indonesian workers who have been declared guilty of murder and sentenced to death by a lower court
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panel of judges at Malaysia's Court of Appeal in Putrajaya, outside Kuala Lumpur, has decided to adjourn the appeal petition hearing of two Indonesian workers who have been declared guilty of murder and sentenced to death by a lower court.
The judges decided to adjourn the hearing until Jan. 28, 2014 as they said they had not yet thoroughly studied the appellants' appeal petition although the petition had been sent to the court on Aug. 1, according to a statement by the Indonesian Embassy in Kuala Lumpur, Malaysia, made available to The Jakarta Post on Monday.
The appellants' lawyers urged the judges to allow the hearing to proceed with verbal explanations on the appeal petition that would be conducted by the legal team. The panel of judges rejected this, however, saying that they were afraid the hearing could be 'unjust and unfair' if all the judges had not read the whole petition thoroughly beforehand, the statement added.
On Oct. 18, 2012, the Shah Alam High Court declared Frans Hiu, 22, and his brother Dharry Frully, 20, guilty of the murder of Malaysian citizen Kharti Raja on Dec. 3, 2010 and sentenced both to death.
'The embassy and the retained legal team are confident the appellants can escape the death penalty because many facts were ignored by the judges at the High Court,' the statement said.
The brothers denied they had killed Kharti. They testified before the court that Kharti died after the two Indonesians and a Malaysian co-worker were awakened by the sudden entrance of Kharti into their lodgings.
He had unsuccessfully attempted to gain entry through the back door and then tried to enter the shop-house through the ceiling, but woke the residents when he fell through it.
The two brothers tied Kharti up and dragged him outside and waited for the Malaysian police to arrive. They said Kharti, a suspected burglar, was under the influence of drugs or alcohol so they were able to apprehend him easily.
Frans claimed that Kharti was already dying when they dragged him out of the premises. However, the indictment stated that the two brothers killed him.
Manpower and Transmigration Minister Muhaimin Iskandar previously said that the legal proceedings had been unjust. 'The Malaysian co-worker who also faced the same murder charge was acquitted. It is discriminatory,' he said.
Lawyers from the Gooi & Azura law firm, who have been appointed by the Indonesian Embassy to provide legal assistance to the Hius, said that the appeal court must free them from death row for at least two reasons.
'The judges from the lower court failed to disclose the specific cause of Kharti's death,' said lawyer Gooi Song Seng as quoted by Antara.
Secondly, he added, the forensic examination had proven that there was a substantial presence of methamphetamine in the victim's body, of a sufficient degree to cause a heart attack.
