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Jakarta Post

Driver in fatal crash avoids prison sentence

Photo Antara/Reno EsnirChristopher Daniel Sjarief, a 24-year-old who caused the death of four people and injured several others in a series of collisions, walked away on Thursday after the South Jakarta District Court handed him a one-and-a-half year suspended prison sentence and imposed Rp 10 million in fines (US$714)

Indra Budiari (The Jakarta Post)
Jakarta
Fri, August 28, 2015

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Driver in fatal crash avoids prison sentence

Photo Antara/Reno Esnir

Christopher Daniel Sjarief, a 24-year-old who caused the death of four people and injured several others in a series of collisions, walked away on Thursday after the South Jakarta District Court handed him a one-and-a-half year suspended prison sentence and imposed Rp 10 million in fines (US$714).

A panel of judges, chaired by Made Sutrisna, declared Christopher guilty of violating Article 310, paragraphs 4 and 3, of Law No. 22/2009 on traffic and land transportation, but said the '€œgood faith'€ he had shown by providing compensation to the survivors and victims of the family had mitigated the sentence.

Made said the suspended sentence was in line with restorative justice, emphasizing that Christopher had shown remorse and admitted to his criminal actions.

'€œThe most important thing to remember is that a court sentence is not an instrument for revenge. It is a mechanism to return harmony to society and make sure that the convict will not repeat his crime,'€ Made said.

On Jan. 20, Christopher, the son of a wealthy businessman, lost control of a Mitsubishi Outlander belonging to his friend and crashed into two motorcyclists on the congested Jl. Sultan Iskandar Muda in Pondok Indah, South Jakarta.

After crashing into the motorcycles, he continued to drive at a high speed and hit two cars and two other motorcyclists, 500 meters from the scene of the initial crash. According to the police, moments before the crash Christopher was driving at a speed of up to 131 kilometers per hour.

During the trial, it was revealed that Christopher'€™s family had provided financial compensation to a number of survivors and widows of the victims in exchange for an amicable written agreement.

The compensation for the survivors varied from Rp 1 million to more than Rp 25 million. None of the widows, meanwhile, were willing to disclose the amount of money they received from Christopher.

During Thursday'€™s trial the judges gave two years'€™ probation to Christopher, during which time he will only serve his prison sentence if he commits another crime.

'€œI must warn you that this two year probationary period is a very serious thing. We will always watch your actions even though you are not locked behind bars,'€ Made continued.

Shortly after the trial, state prosecutor Agus Kurniawan, who previously demanded two-and-half years'€™ imprisonment for Christopher, said he would need to study the verdict before deciding if he would file an appeal.

'€œI will need to talk with the prosecution team. We still have seven days to think anyway,'€ he told The Jakarta Post.

The South Jakarta Court'€™s sentence for Christopher added to a list of suspended sentences for perpetrators of deadly car crashes in Jakarta.

In March 2013, M. Rasyid Amrullah, the son of then coordinating economic minister Hatta Rajasa, got a six-month probationary term for rear-ending a Daihatsu Luxio and killing two people on New Year'€™s Eve.

A year later, Dul, the son of popular musician Ahmad Dhani, also received a suspended sentence after he was found guilty of killing six people in an a crash while he was driving a Mitsubishi Lancer.

The court sentences, however, were in contrast with 15 years'€™ imprisonment handed down to drunk driver Afriyani who killed nine pedestrians when driving under the influence of drugs and alcohol in Gambir, Central Jakarta, in January 2012. She also received an additional four years for using the drugs.

Anomaly in Christopher case

- Police retract negligent driver'€™s drug allegation. In a statement issued shortly after the incident, Jakarta Police spokesperson Sr. Comr. Martinus Sitompul said Christopher had '€œtested positive'€ for having consumed LSD. However, a week after the incident, South Jakarta Police chief Sr. Comr. Wahyu Hadiningrat unexpectedly told reporters that based on the urine and blood test results released by National Narcotics Agency (BNN), Christopher had not been proven '€œto have consumed LSD or any other drugs'€.

- Despite being cleared of drug charges by police, through his lawyer Christopher Daniel Sjarief insists he consumed LSD [lysergic acid diethylamide] a few hours before killing four people in a series of road collisions.

- He walked free after the judges sentenced him to one year and six months, to be served on probation for two years.

Source: Various Sources

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