Rabu 11 Mar 2015 16:23 WIB

Judge rejects Serge's request to present witness

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REPUBLIKA.CO.ID, TANGERANG -- A panel of judges at the Tangerang district court, Banten, rejected drug convict on death row Serge Atlaoui's request to present a witness in a judicial review session here on Wednesday (11/3).

Explaining their reasons for rejecting the request, Chief Judge Indri Murtini stated that Serge Atlaoui had only questioned Article 263 regarding the Supreme Court's (MA's) mistake in implementing the law.

She stated that the court would only be able to meet the request if the suit for a judicial review was made based on new evidence.

"No witness is to be presented because the defendant only questioned the implementation of the law by the MA," she noted.

Serge's lawyer, Nancy Yuliana, remarked that the witness to be presented was the man who had been arrested by the police to divulge details about Serge's profession as a welder.

She said the explanation was necessary to confirm that Serge was a mere welder and not a chemist that he had been accused of so far.

"We wish to tell the judges about the real profession of Serge," she pointed out.

Public prosecutor from the Tangerang prosecutor's office, Tryana Setia Putra, shared the judges' viewpoint that the defendant's request could not be met as he did not present new evidence.

French national Serge Atalaoui was arrested along with dozen other accomplices in 2005 for illegally operating an ecstasy factory in Cikande, Tangerang.

Serge was sentenced to death, and the verdict was confirmed in 2007 by the MA. His clemency plea was later turned down by President Joko Widodo in 2014.

He then filed a judicial review suit, which was received by the Tangerang district court on February 10, and in connection with that he attended the court's session here on Wednesday.

During the session, Serge explained through an interpreter that he did not agree with the MA's ruling to sentence him to death as the verdict did not match with what he had been sentenced. He said he was only a welder and not a chemist as he had been accused of.

He denied coming to Indonesia to produce narcotic drugs. He said he had also exhibited good behavior during his 10-year term in jail.

Serge stated that he is now 51 and a father of five children. He said he did not want to be released but only pleaded for an opportunity to become a good man and father for his children.

"I also wish to apologize to the Indonesian people," he remarked.

His wife, Sabine Megel Atlaouli, who was given an opportunity to speak at the session, said she came to Indonesia along with her children to offer support to her husband. She hoped that the judges will give another chance to her family.

In response to their statements, Chief Judge Indri stated that their statements had been recorded and would be referred to the MA.

The session was adjourned until March 25 to sign the judicial review document.

sumber : Antara
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