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Judges told to drop Jessica’s case if they are in doubt
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Defendant Jessica Kumala Wongso walks to her chair during a hearing on the murder of Wayan Mirna Salihin at the Central Jakarta District Court on July 27. (Antara Foto/Yudhi mahatma)
F
ormer Supreme Court chief justice Bagir Manan has said defendant Jessica Kumala Wongso should be acquitted on all counts if there is no evidence corroborating her role in the murder of Wayan Mirna Salihin.
“The Criminal Law Procedures Code [KUHAP] stipulates that if judges are hesitant about the case, the defendant should be acquitted,” Bagir said as quoted by tempo.co on Friday.
Bagir asserted that judges should follow the principle that it is better to release a guilty person than to punish the innocent.
Bagir added that the judges should not bow to public pressure amid intensive exposure in the media and the public regarding the case.
“The judges must only make their decision based on the law, not public pressure,” he said.
Previously on Thursday, a criminal law expert from Gadjah Mada University, Edward Omar Sharif Hiariej, said circumstantial evidence or indirect evidence would be sufficient for the court to sentence Jessica for premeditated murder. He added that according to the KUHAP, to prove premeditated murder, the court did not need to find a motive in the case.
“The court doesn’t need to work hard on it, because the law doesn’t require it,” Edward told the judges during a hearing at the Central Jakarta District Court. (cal/dmr)
