22 November 2010

Peterporn: Entering the Twilight Zone...

I have been tossing up all day, no pun intended considering the subject matter, about whether to write a piece on the first closed hearing of the Nazriel "Ariel" Irham sex tape distribution trial. The first hearing is always as boring as watching the grass grow. These hearings rarely include any new charges or tid bits of information (aka alleged evidence) relating to the alleged crime. These hearings are pretty much as simple as reading out the indictment with respect to what the prosecution thinks it has.

What some readers might not be aware of is how trials are conducted in Indonesia. Trial hearings are weekly affairs. This means that a hearing is held each week until the case is completed. A trial is not conducted in say a block of three weeks or six months or however long the prosecution might believe the case will take. Therefore, today's hearing was the reading of the indictment and then an adjournment until next week. Very much a case of "same time, same bat channel, and see ya next week".

What we did learn is that the prosecutors are shooting for 12 years and a fine of around IDR 6 billion. If there is any justice to be had in this case, the the case will be dismissed and with prejudice. It is after all a couple of sex tapes. It is too bad the police, the public prosecutors, and the Islamic hardliners can not join forces to root out some real evil like the scourge of corruption, for example.

On the justice front. How can there be any, when the other two participants in the tape themselves are not on trial and do not appear to be destined for trial. Although, the Islamic hardliners as represented by Hirman Firdaus of the white-robed thug brigade want to see Cut Tari the married star of one of these amateur porn flicks to be stoned to death for adultery. This is despite the fact that the police and the public prosecutors have not been able to establish a timeline for the production of the tapes or where they were actually produced.

The other piece of information that we learned from today's game of charades was that the prosecution is angling for a conviction based on the allegation that Ariel provided the facilities to distribute the sex tapes on, and over, the internet. Good luck with that. These prosecutors have not even been able to establish some other pretty basic "facts" as noted in the previous paragraph.

The next trial hearing should provide us, closed door or not, with how the defense case is organised and structured. Ariel is represented by O. C. Kaligis. Kaligis is an excellent lawyer of considerable experience and standing in the legal profession.

I am wondering if, and when, the [in]famous sex tapes will get an airing at the trial. After all, it is the sex tapes that are the crux of the case here. It is only fair that the judges see what went on in order for it to become worthy of distribution.

Oh, the title to this post...I really do not see why this case is going to trial. It certainly has a "twilight zone" feel to it. Police and prosecutors have pursued this case for all the "wrong" reasons, at least in my opinion.

3 comments:

treespotter said...

OCK is a very peculiar lawyer, and on this one, he is no less peculiar than in others. I'll send you pics from the court.

Rob Baiton said...

@ Tree...

Thanks on the pictures front.

I was pleasantly surprised that I have written something that piqued your interest enough to read it and even more so to comment on it.

Peculiar indeed. I am not going to go into the peculiarities of those that I know in a public forum :)

All lawyers are peculiar in their own ways, aren't they?

OCK is an excellent lawyer based on his success. This does not translate to me agreeing with his choice of clients, including Ariel.

I also think, for example, that Hotman is an excellently skilled lawyer in terms of his knowledge on Indonesian civil procedure. But, I have no time for him playing up his ability to pay for the "right" decisions.

Back to OCK. He has been a supporter of Indonesian Moot Court teams from their inception and their initial participation in national and international competitions. I respect that commitment.

Rob Baiton said...

Hey Boss (aka Mr. Tree)...

I really need you to re-tweet more of my blog posts!

You tweeted the Depok Narkoba and Facebook post and my blog stats have gone nuts. I have had like 300 hits in 30 minutes!

Thanks Dude! I owe you some bubbles or a "special" vodka & cranberry next time we are located in the same wine bar or liquor bar!