Kidnapped: Reunited 23 Years Later...

I tend to spend the odd minute or two surfing the internet. Every now and then, a story jumps out for its horror, its tragedy, its bizarreness or, as in this case seemingly, a happy ending. A young woman who was kidnapped 23 years ago has finally been reunited with her birth mother. It is hard to imagine what sort of feelings one must have learning that you had been kidnapped and have in essence lost 23 years of a potential parallel life. So, when Carlina White / Nejdra Nance says it "felt like a dream", you still wonder whether even in your wildest dreams you would have dreamed that such a day would happen.

The story is one that probably happens a lot more than we care to allow ourselves to acknowledge. The kidnap of children is not a new phenomenon or crime. However, it is rare to here of such happy reunions after such a long period of time.

A 19-day-old Carlina was kidnapped in 1987. The story began with a simple fever and a trip to a Harlem hospital. It ended with Carlina being kidnapped by a woman posing as a nurse and spending the next 23 years living with an abusive "parent". Carlina ended-up pregnant herself at 16 and this is when she started connecting the dots of her own life. A request for a birth certificate could not be fulfilled. The suspicions began to come to the fore as to why that might be. Ultimately, Carlina bailed out of the abusive home in Connecticut and headed to Georgia.

While in Georgia, Carlina met up with the Center for Missing and Exploited Children. The Center filled in a few of the blanks and joined the rest of the dots. A DNA test and a few phone calls put Carlina back in contact with her birth mother, Joy White.

The emotions for Joy White and the rest of Carlina's long lost family most be overwhelming too, particularly when they are not only getting back a lost daughter, sister, cousin, aunt or whatever, but Carlina has since had a daughter herself.

Hopefully, this is a story that continues to have a happy ending.

Kidnapping Julia?

Now that it seems Maria Ozawa (aka Miyabi) has pulled the plug on coming to Indonesia to play the lead role in the film "Kidnapping Miyabi" out of fear for her life, or perhaps it's just because she cannot be bothered to go toe-to-toe with the Indonesian Ulama Council (Majelis Ulema Indonesia / MUI) or Islam Defenders Front (Front Pembela Islam / FPI). Either way, the Japanese porn star that was looking to expand her portfolio of film work into the comedy genre, Maria is now history.

So, rather than write the concept off altogether perhaps the people at Maxima Productions can come to an arrangement with a suitable Indonesian replacement. Perhaps this might be a series of suggestions of possible "stars" to take on the role that was to formerly be played by Miyabi.

It would seem that the MUI and the FPI could not possibly have a problem with a local starlet taking the lead role in an Indonesian comedy. Furthermore, it would seem that the relevant Minister would not be able to make up some lame excuse that might prevent Julia from getting a visa. Although, stranger things have happened. The film, being a comedy and all, should not run foul of the relevant authorities that are now tasked with ensuring that all Indonesian film meet exacting moral and educational standards.

First cab off the rank, so to speak, is Julia Perez. Ms. Perez has quite a following in Indonesia. At least she does in my anecdotal studies on the issue. She might not be a porn star of the magnitude of Miyabi, but nonetheless she does have the image of being a bit of a sexy rebel (unfortunately this is usually without a cause). Simply, suggestion one; "Kidnapping Julia".

I think it is a surefire hit. Just so you can see why, I have included a few "promotional" shots (all pictures freely available on the internet).

Suggestion two...stay tuned! I am thinking Jade Marcella...

Manohara Odelia Pinot -- Part XXIII -- Default Judgment

It has been a while between drinks, so to speak, when it comes to the Mano posts. However, apart from her self-titles soap getting canned, there has not been anything much newsworthy to post on. Nevertheless, patience pays off, and the girl is back in the news this week and in a bit of a lawyer-driven bind.

It is interesting to see that the press refers to Mano as an Indonesian teen soap star. I am not sure that one truncated, and ultimately cancelled, season warrants the description. Yet, as a teenager she still has time to become a star. However, Mano and her mum, Daisy Fajarina, are in a spot of bother. That bother is what is likely to be a 105 million ringgit default judgment against both Mano and her mother for defaming and slandering Mano's former husband, Tengku Fakhry, of the Kelantan royal family.

Mano and Daisy's previous legal representation have handed back the case files and bailed on the case. The Malaysian High Court has decided that Mano and Daisy have until 5 November to get new legal representation on board and complete the case or run the risk of the court handing down a default judgment. It would seem that Tengku Fakhry thinks he is on a winner no matter whether his former wife and mother-in-law get counsel or not, as he was supportive of a delay to allow Mano and Daisy to seek out new legal representatives.

Aside from the cash, the prince is also asking that the court hand down an injunction that prohibits both Mano and her mother from defaming him by constantly stating publicly that the prince sexually and physically abused Mano during their brief marriage. This mistreatment also included an allegation of abduction or kidnapping.

The best defense to an allegation of defamation or slander is truth. It would seem that with this case, the prince is asking both Mano and Daisy to ante up and prove the truth of their allegations or withdraw them and be penalized for making false claims.

It has been suggested that Mano has been paid well for her work on her short-lived soap opera, but I am not sure she was paid well enough to cover a default judgment of 105 million ringgit.

(Photo courtesy of here)

Miyabi / Maria Ozawa and the FPI -- Pornography, Morality, and Comedy...

It seems there are always plenty of people about looking for a controversy to jump into, and if there is not one available to jump into, then make one up. This is the Miyabi controversy. Maria Ozawa goes by the stage name of Miyabi. She is a porn actress, and apparently she is pretty good at what she does. However, she is now looking to branch out and test her acting skills in more mainstream films. She has recently done a slasher / horror film in Taiwan. And, she has signed on to do a comedy in Indonesia, Kidnapping Miyabi.

The premise of the film seems a little silly to me; several horny blokes who have probably "choked" the proverbial chicken one too many times, and when they learn that Miyabi happens to be in Indonesia they set out to kidnap her. You never know, it might work. It will undoubtedly be popular because there are seemingly a whole lot of Indonesians who are familiar with her previous work, and those that were not so familiar with it, are sure to be now.

Anyways, the fact that a Japanese porn star is coming to Indonesia to play a role in a comedy film has irked the usual suspects. The MUI has come out and said that allowing her to come to Indonesia in any capacity to play a role in a film is going to destroy Indonesia's image overseas (I have written about that here and posted a few pictures for your viewing pleasure). Perhaps the MUI might want to have a look a little closer to home to gauge what sort of image destroying material is floating around. Stoning adulterers is probably not a big winner in the image stakes.

To add to the MUI's protests, the Islam Defenders Front or Fron Pembela Islam (FPI) assembled some of their devotees and staged a protest in front of the offices of Maxima Pictures. Maxima Pictures are the ones that are going to shoot and produce the film. It would seem that FPI's beef is that Miyabi is the destroyer of morality. Once again, he who is perfect may cast the first stone. Considering, the number of Indonesian IPs that have swung by this particular blog in search of Miyabi pictures and links to her films is testament to a rather large Indonesian following.

It seems that the FPI would be conducive to the film going ahead if Miyabi was replaced with another actress. Presumably one without any porn on her resume. But, seeing the premise of the script seems to be based on Miyabi having fame as a porn actress then perhaps FPI is lobbying for an Indonesian porn actress to take up the role. Maybe Maxima Pictures could change the name to Kidnapping Jade Marcella.

Maxima entertained the protesters by agreeing to meet with their leader, Habib Fahri Jamalullail, of the Jakarta Branch of FPI. However, the FPI left about 15 minutes later somewhat disappointed, as Maxima refused to say that they would abide by the demands of the FPI and cancel any agreements with Maria Ozawa with respect to her appearing in the film.

Not to be deterred, Fahri is prepared to go to the airport and "intercept" her arrival. Sounds a little bit extreme, it also sounds a little bit scary, and it sounds somewhat illegal to be intercepting foreigners arriving legally into the country.

Fahri is concerned that Miyabi has violated religious prohibitions by doing what she does for a living. Unfortunately, being a porn actress per se does not prohibit one from entering the country, particularly when one considers that she will not be making any porn films while she is here. It is probably forbidden to watch porn films as well. However, this does not seem to stop everyone. Once again, it seems that there are quite a few Indonesians with a voracious appetite for porn, and for Miyabi in particular.

In any event, and the FPI protests aside, according to Maxima it is still not clear if and when Miyabi will be arriving. Apparently, there have been a few bureaucratic issues arise that are still to be sorted out.

With respect to the protests, Maxima is considering relocating the shoot out of Jakarta, perhaps to Bali, or going further abroad still and shooting the film overseas. This is sad because the shooting of a film and the subsequent post-production are normally fairly big contributors to the local economy where the film is shot.

Not that I am inclined to watch the film anyway, but I do hope that Maxima sticks to its guns and shoots the film with Miyabi / Maria Ozawa in the lead role and playing herself.

In any event, the post lends itself to some gratuitous posting of pictures.

Enjoy!

Australian Travel Advice -- Indonesia -- 30 July 2009

This is the latest travel advice for Indonesia that I have received.

Make of it what you will. The internal links are working when I checked them. What appears below is the overall summary of the advice. I have also cut and pasted the section on terrorism. This section includes a statement that Indonesian authorities have provided information that terrorists may be intending to kidnap foreigners. If you want to read the advice in full, then follow the relevant links.

Summary

• The World Health Organisation (WHO) has confirmed cases of H1N1 Influenza 09 in a number of countries throughout the world, including Indonesia. For a list of these countries, visit the WHO website. For further information and advice to Australians, including on possible quarantine measures overseas, see our travel bulletin on H1N1 Influenza 09.
• We advise you to reconsider your need to travel to Indonesia, including Bali, at this time due to the very high threat of terrorist attack.
• On 17 July 2009, terrorists detonated bombs at the Ritz-Carlton Hotel and the JW Marriott Hotel in Jakarta. Australians were among those killed and injured.
• There is a possibility of further terrorist attacks in Jakarta and elsewhere in Indonesia, including Bali. In past years, terrorists have attacked nightclubs, bars, restaurants and hotels in Bali and Jakarta. In the wake of the 17 July Jakarta bombings, we judge that these types of venues in Bali and Jakarta are still targets of interest to terrorists.
• We continue to receive credible information that terrorists could be planning attacks in Indonesia and that Bali remains an attractive target for terrorists. You should exercise great care, particularly around locations that have a low level of protective security.
• If you do decide to travel to Indonesia, you should exercise extreme caution.
• Previous terrorist attacks against Westerners in Bali and Jakarta indicate these areas are priority targets. You should take particular care to avoid places known to be terrorist targets. See the Terrorism section for details.
• Presidential elections were held on 8 July 2009. There were incidents of violence in Papua during the parliamentary elections in April 2009, including attacks on infrastructure. There is a possibility of further attacks, including on infrastructure, in the period surrounding the Presidential elections.
• Since 11 July 2009 there has been a series of violent attacks near the Freeport Mine in Papua. One Australian has been killed in these attacks. Further violence is possible.
• Australians should avoid all protests, demonstrations and rallies as they can turn violent.
• We advise you to read carefully the sections on travel to Aceh, Central Sulawesi Province, Maluku, Papua and West Timor where additional safety risks exist.
• The World Health Organization (WHO) has confirmed human deaths from avian influenza in Indonesia, including Bali. The Indonesian Government has declared that rabies is present in Bali. See the Health Issues section below for advice to Australians travelling to or resident in Indonesia.
• You should telephone ahead for an appointment before going to the Australian Embassy (See Where to Get Help).
• Because of the serious terrorist threat we strongly recommend that you register your travel and contact details with us so we can contact you in an emergency.
• Be a smart traveller. Before heading overseas:
  • organise comprehensive travel insurance and check what circumstances and activities are not covered by your policy
  • subscribe to this travel advice to receive free email updates each time it's reissued.

Terrorism is a threat throughout the world. You can find more information about this threat in our General Advice to Australian Travellers.

We advise you to reconsider your need to travel to Indonesia due to the very high threat of terrorist attack. Ask yourself whether, given your own personal circumstances, you're comfortable travelling to Indonesia knowing there is a very high threat from terrorism and you may be caught up in a terrorist attack. Ask yourself whether travel could be deferred or an alternative destination chosen. If, having considered these issues, you do decide to travel to Indonesia, you should exercise extreme caution.

On 17 July 2009, terrorists detonated bombs at the Ritz-Carlton Hotel and the JW Marriott Hotel in Jakarta. Australians were among those killed and injured.

There is a possibility of further terrorist attacks in Jakarta and elsewhere in Indonesia, including Bali. In past years, terrorists have attacked nightclubs, bars, restaurants and hotels in Bali and Jakarta. In the wake of the 17 July Jakarta bombings, we judge that these types of venues in Bali and Jakarta are still targets of interest to terrorists.

We continue to receive credible information that terrorists could be planning attacks in Indonesia and that Bali remains an attractive target for terrorists. These attacks could take place at any time. You should be particularly vigilant during holiday periods such as Easter and Christmas.

Indonesian authorities have warned that terrorists may be planning to kidnap foreigners.

Attacks against Westerners in Bali and Jakarta indicate that these areas are a priority target for terrorists. Suicide attacks against locations frequented by foreigners in Bali and Jakarta such as the 1 October 2005 and 12 October 2002 Bali bombings and bomb attack outside the Australian Embassy in Jakarta in September 2004 killed and injured many people. Westerners were also targeted in the bombing of a five-star hotel in central Jakarta in August 2003. We cannot rule out the possibility of another attack targeting Westerners, including Australians.

In planning your activities, consider the kind of places known to be terrorist targets and the level of security provided at venues. You should take particular care to avoid places known to be terrorist targets. Tourist areas and attractions throughout Indonesia and tourists travelling to or from these places, including those in tour groups or tour buses, could be targeted. Other possible targets include international hotels, clubs, sporting clubs and venues, restaurants, international fast food outlets, bars, nightclubs, cinemas, theatres, Jakarta's embassy district and diplomatic missions elsewhere, international schools, expatriate housing compounds and Western interests and businesses. Places frequented by foreigners, central business areas, office buildings, churches and other places of worship, airlines, airports, public transport and transport hubs, shopping centres, premises and symbols associated with the Indonesian Government, and outdoor recreation events are also potential targets.

Due to security concerns, security at the Australian Embassy in Jakarta and the Consulate-General in Bali is at a high level. The Australian Embassy has advised its staff and their families to be particularly careful in how they travel or walk to and from the Embassy.

Manohara Odelia Pinot -- Part XV -- Learning Indonesian and Building Mosques

It seems that there are plenty of part-Indonesians in the news of late looking at learning Indonesian (Bahasa Indonesia) for one reason or another. For example, the recent winner of a Miss Indonesian pageant confessed to not being a fluent speaker of Indonesian and to a need to learn more (I wrote about this here).

It seems that Manohara, or Mano to her friends, is also looking to brush up on her Indonesian language skills before making her debut in a locally produced sinetron (Indonesian soap opera). The local Indonesian media have been following this unfolding issue and there is an article at detikhot on it, here. It is probably a good thing that Mano has decided to brush up on her Indonesian seeing that she is reportedly receiving at least IDR 1 billion to star in the soap opera that bears her name, Manohara.

Mano's story is certainly an interesting one. She has been at some point or other the one-time underage squeeze of Anindra Ardiansyah Bakrie, an under-age bride for a Prince from Kelantan State, and now a bona fide sinetron star. The story has some unsavoury undertones in that there are still outstanding allegations levelled at the prince that he was abusive towards her. This physical and sexual abuse was reportedly extreme. Nevertheless, Mano seems to have recovered sufficiently well to move on and take the next step in her evolution.

Mano is not taking her recent good fortune lightly and is going to allocate some of her sinetron earnings to establishing a foundation. Presumably the foundation will be for those less fortunate in there post-domestic violence lives than Mano. Even more of the earnings are going towards buying land and building a mosque. Maybe the foundation and the mosque building initiative are related.

When it is all said and done, I hope that she finds success and peace in her life. If starting an foundation and building mosques is what does that for her, then so be it.

Manohara Odelia Pinot -- Part XIV -- Collected Posts

I have decided, having checked my visitor activity, to collect all the Manohara "posts" into one location for reading convenience.

You can find all of the thirteen previous posts to this one, here.

Enjoy!

Manohara Odelia Pinot -- Part XIII -- Daisy Fajarina as the "Evil Mother"

The saga continues. It is somewhat addictive for me as there is just so much to process and analyze from a legal standpoint. It seems that the Malaysian press is coming up with the far juicer pieces for the gossip columns. The following piece is based on an article from the Malay Mail.

George Manz is Manohara's biological father. He is a engineer that was formerly based in Indonesia. He met Daisy while he was in Jakarta in 1989, presumably fell in love, and the rest is history as they say. Mano, as she is affectionately known, was born in 1992. Not long after this things apparently went wrong fast and Manz claims that Daisy stole his daughter away from him. He also claims that Daisy is a proponent of black magic and has an evil hold over his daughter.

According to Manz, the black magic proof is in an x-ray of Mano's mouth. It is claimed that on a visit to a dentist an x-ray was taken and this x-ray showed gold needles and diamonds embedded in Mano's chin. I do not know how this proves black magic is in play. It would seem to make more sense that Mano was about to become a mule in a smuggling operation.

Nevertheless, the black magic claims aside, Manz has agreed to help the prince in his fight against the evil one, aka Daisy Fajarina. Manz sent a letter to the prince outlining his desire to help, his belief that the prince can save Mano from Daisy's evil influence, and sent documents that he believes might assist in the fight.

The whole affair is about to get a whole lot more interesting in a legal sense as Manz is threatening to get the US State Department (some Hillary Clinton involvement?) involved, Mano is a US citizen, and it would seem that the basis of the pursuit might be some form of international child kidnapping scenario.

However, it is a little late one would have thought for Manz to be coming forward now, particularly when he says that he has been following the case from afar with the help of friends in Singapore and Jakarta.

Another aspect of the case which has had some coverage in Indonesia is the legal problems that Daisy has herself and the outstanding Interpol Red Notice that requires local police agencies to facilitate the apprehension of her. Indonesia has an Interpol liaison office.

The allegations against Daisy are that she facilitated the sexual abuse of a domestic servant, who was also legally her step-daughter, by her second husband, Juergen Reiner Noack Pinot. The allegations or rape, including forcible masturbation, were subsequently proved and Pinot served jail time. Not much it seems considering he was out in four months. For her part in the whole abuse scandal, Daisy was sentenced to 18 months in prison. Daisy has yet to serve a day of that sentence and that is why the French have sort the red notice.

It would seem that Daisy knows a lot about the sexual abuse of young and vulnerable women having participated in the perpetration of such abuse herself. If she is really so shocked and abhorred by such conduct then she must show that she has the courage of those convictions and return to France and face the legal music there.

I am sure the symphony that is planned for her on her eventual return is going to be far from the sweet music she thinks she might be able to enjoy in Jakarta.

Extradition treaty or not with France, Indonesia must show that it is committed to the elimination of all violence against women, even where this violence is perpetrated by women against other women.

Simply, Indonesia must comply with the red notice and facilitate the detention of Daisy Fajarina and allow her to be returned to France. The only way that this should not happen is if Daisy can show, and prove, that the process against her was fatally flawed and that the sentence imposed upon her was legally wrong.

As much as I might feel for Mano's plight with respect to the allegations she has made against the prince, and even if the allegations are true, this cannot and must not become a get out of jail free card for her mother.

Simply, Daisy Fajarina is not a victim here. If anyone is a victim then Mano is, assuming that the allegations can be made out. And, to date, they have not been made out. The truth is that Daisy is the perpetrator of some serious crimes of violence against another woman for which she has not paid the price.

Manohara Odelia Pinot -- Part XII -- Indonesian Embassy in KL Strikes Back

The Manohara (photo) saga continues. For more on this case as written by yours truly, look here.

If the issues in this case, specifically the allegations of rape and abuse, were not so serious then this case would almost be fun to watch. Manohara and her mother, Daisy Fajarina, have been vocal in making claims against just about everyone who they feel have slighted them in some way in this whole affair. The Indonesian Embassy in Kuala Lumpur was no exception.

Mano, as she is now know affectionately, and her mother, have suggested that the Indonesia Embassy deliberately thwarted any attempts to deal with the matter and in fact was pro-active in keeping Mano in Malaysia because they had been bribed by the Kelantan Royal family.

This piece is not about whether the claims are true or false per se, but rather about the legal implications of making them. And, then failing to produce any evidence in support of those claims. It would not be a first for an Indonesian Embassy and the officials that work within to be accused of corruption and to have that proved. However, in the cases where the allegations were made, subsequent evidence was furnished in order to establish guilt, and then convictions were obtained.

The Indonesian Embassy in Malaysia has laid out in chronological order all of the efforts that they undertook with respect to the Mano case. Could they have done more? Perhaps. However, the claim was that they did not do enough. Therefore, this raises the important question of, "legally how much does an Embassy have to in order to protect its citizens who get into trouble abroad, either legal or personal?"

The Indonesian Embassy in Kuala Lumpur has also indicated that it is intending to sue Mano and her mother if the pair of them cannot come up with evidence to prove their claims. It would be interesting to see how the presidential candidates respond to the Indonesian Embassy threatening a victim of alleged domestic violence in this way. Interesting in the sense of whether they jump on board like they did in the Prita Mulyasari defamation case or just try and avoid it like the plague.

Although, the incumbent president has had a say on the matter here (in Indonesian). Nevertheless, it was pretty much run of the mill stuff. Generally, "this is a serious matter"; "better that Manohara talks to the Minister of Foreign Affairs"; and, "I have instructed the ambassador in Malaysia to watch the developments in this case closely."

Kompas has a detailed account of the chronology of events here (in Indonesian).

My personal opinion is that the burden of proof lies with those making the allegations. In this case the burden of proof in terms of proving the two primary allegations, namely: the Embassy did not do enough and that it accepted bribes, lies with Mano and her mother. If they fail to do so, and if one truly believes in the idea that all are equal in the eyes of the law, then Mano and her mother must be subject to the prevailing laws and regulations governing their conduct.

Despite the threats, the Indonesian Embassy in Kuala Lumpur has expressed their desire to facilitate any action that Mano and her mother want to take in Malaysia.

A simple defense is truth. Hopefully, Mano and her mother have truth on their side and can prove it.

Manohara Odelia Pinot -- Part XI --The Kelantan Palace Comments

The Kelantan Palace has finally issued an official comment to Bernama that the marriage problems and legal issues surrounding the marriage of Tengku Temenggong Muhammad Fakhry and Manohara Odelia Pinot (photo) are personal matters.

This is indeed true. Nevertheless, the are also public matters. The physical abuse of a spouse is not a personal matter, but a criminal one. It is also fair to say that there is little doubt that there are some ramifications for the palace if there is an investigation going forward because the prince is not the only one named in the criminal complaint.

This case has certainly faded from the public consciousness, I guess the death of Michael Jackson will do that, however the issues still remain unresolved.

Oh well, life goes on for the rest of us.

Manohara Odelia Pinot -- Part IX -- Let The Games Begin

Now, that both parties have filed their respective complaints in their respective jurisdictions, it is time for the fun and games to begin.

As I have been saying all along, this is a simple "she said, he said" scenario that is going to require the testimony of someone other than Manohara (photo courtesy of here) or the prince to testify to what they know. This is a distinct possibility judging by the number of people named in Manohara's complaint.

Nevertheless, Daisy Fajarina, Manohara's mother, has been vocal in claiming that they have more than enough proof to sustain their claims and prove the allegations against the prince. If this is the case, and I was their lawyer, I would be encouraging them to file a criminal complaint in Malaysia as well. Although these are serious allegations, they are not extraordinary crimes and as such are not subject to international legal principles such as universal jurisdiction or erga omnes obligations to prosecute or extradite. So, pursuing the prince through the Malaysian courts would be the best option.

This though might be settled out of court and the prince's filing of a complaint might be a bluff that he is prepared to fight these allegations to the bitter end. Simply, trying to indicate that he is more confident than he really is. That said, maybe his confidence is justified if he really did not perpetrate the conduct being alleged. This won't be known until the process gets into full swing.

I guess abuse is more serious when it is perpetrated against one of your own than it is when you are the perpetrator against someone else.

Manohara Odelia Pinot -- Part VIII -- The Prince Fights Back

I don't know whether this case warrants as much attention as it is getting generally and the attention it is getting from me in particular. Nevertheless, not wanting to wallow in someone else's pain and tragedy, there are intriguing and interesting issues at play in this case and they deserve some attention. These issues have been noted in the earlier posts, I through VII, but now the prince has filed his own complaint with Malaysian police. Does this up the ante or is it just a formality?

I had hinted in earlier posts that I would have expected that the prince, Tengku Temenggong Mohammad Fakhry (photo from here), to take legal action against Manohara and her mother, Daisy Fajarina. I am not Malaysian and therefore do not know where Dang Wangi Police Headquarters are, but this is where the prince filed his complaint according to Mohammad Haziq Pillay, lawyer for the prince.

The contents of the complaint have not been divulged, but an educated guess would be that the substance of the complaint would be that the allegations being made by Manohara and Daisy are false. That is to say, there was no kidnapping, no physical abuse, and no rape. This would be in spite of the forensic reports offered up by doctors stating the injuries sustained by Manohara. So, it would seem that if the allegations are unfounded then this would be a case of defamation or slander.

This now gets interesting as it seems we have two criminal complaints made, one each by the respective parties, in different jurisdictions. Now, the question is obviously, "what next?" Perhaps, each side just keeps fighting this out in the court of public opinion. If this is the case then I would be thinking that the prince is on a hiding to nothing and perhaps should consider settling the claims out of court and both parties move on.

I still do not think that domestic violence cases are best settled out of court with a financial payment, but then again I am not an abuser nor am I a victim. If they settle the case then I am going to have to find something else to write about.

Manohara Odelia Pinot -- Part VII -- The Abuse Photos

Depending on what happens on Thursday in this seemingly never-ending news story, I am only intending to write updates on this case if something interesting happens. Interesting in this case means interesting to me. Judging by the sheer volume of news about Manohara and her every move I am guessing that there will be more updates and soon.

The photos (courtesy of Detik by way of Mano herself) of the abuse that was allegedly meted out by the Prince are pretty graphic and include images of what appear to be healed and partially healed razor slashes and cigarette burns.

Viewer discretion advised (that warning should probably come before the photos shouldn't it?).

Manohara Odelia Pinot -- Part VI -- The Demo

You know there just has to be a sixth installment to this saga, and here it is. I should probably warn you that the seventh installment in this series is on the way as well. I still have a long way to go to catch up to Unspun in terms of the number of Manohara related posts. You can check Unspun out here.

For a young woman who has been kidnapped, physically abused, and raped, I am impressed that she has found the time to attend a demonstration at the Malaysian Embassy in Jakarta to protest Malaysia's not so secret attempts to get their hands on the Ambalat Block. The demo was organized by Laskar Merah Putih. Manohara (photo courtesy of Detik) and Laskar Merah Putih might seem like strange bedfellows, but I guess whatever keeps you in the news and the front page is plausible.

It is interesting that Mano, which seems to be what the local Indonesian press are calling her, has become very political on her return to the Motherland. According to Mano, "Ambalat absolutely belongs to Indonesia and therefore there is nothing to talk about". Sounds like a plan to me. So, how about these kidnap, abuse, and rape charges now that we have Ambalat squared away in Indonesia's favour?

I have nothing negative to say about Mano or her attendance at the demo. Although, it appears that not everyone was happy with her turning up. As I said in the previous post, just about everything she turns her hand to for the foreseeable future is going to be a bit of a circus.

The Mano saga continues. I wonder what is in store for us on Thursday?

Manohara Odelia Pinot -- Part V -- The Criminal Complaint

The show must go on!

I am not sure that I can make a living out of writing about the comings and goings in the Manohara vs. The Prince case, but it is never short of interesting angles to pursue in the name of justice.

Besides for me the case has just become way more interesting that I know Hotman Paris Hutapea is acting as Manohara's counsel / lawyer. Hotman is one of those lawyers people tend to love or hate. My personal opinion is that he is a fine lawyer and if you have a procedural law problem in a civil law jurisdiction then he is an excellent choice. However, that is it for the free plugs for Hotman.

Besides there are plenty of lawyers who represent celebrities about Jakarta town but there are not many lawyers who are celebrities in their own right. Interestingly, Manohara has two on her case in Hotman and Farhat Abbas. So, there are angles to be explored on that front parallel to the abuse and torture case in which Manohara is alleged to have suffered.

The risk when Hotman is on board in a celebrity matter is that it can become a bit of a circus where the media attention is equally or more important than the actual legal result being sort. Manohara in the company of her layers, at least Hotman, filed a complaint with the Indonesian police on Tuesday (09/06) seeking to have her husband, Tengku Temenggong Mohammad Fakhrya (a Prince from Kelantan State in Malaysia) charged with abusing, raping, and kidnapping her.

The prince is not alone in the complaint as he has been named with seven others. The seven are: Sultan Ismail Petra, Tengku Anis Binti Tengku Abdul Hamid, Captain Zakaria Saleh, Azhari, Muhammad Sobri and his wife, and Ichsan. Hotman has a penchant for grandstanding when it comes to drumming up interest in a particular matter.

So, it goes without saying that he would be telling the assembled journalist how the eight would be dealt with in Indonesia. This treatment would supposedly see each of the individuals named in the criminal complaint jailed for up to 70 years if convicted in an Indonesian court.

The only problem with this is that the crimes occurred in Malaysia and by all accounts need to be tried in Malaysia. Hotman, though, is of the opinion that all eight can be successfully prosecuted under Indonesian law and as such has not bothered to file a criminal complaint in Malaysia. As a lawyer seeking justice for a client, I would want to be covering all available bases and would be filing a criminal complaint in Malaysia irrespective of whether I believed that there was any serious prospects for success.

It is worth noting that there is an extradition treaty in place. Unfortunately, the extradition treaty would seem to preclude crimes committed in Malaysia from being tried in Indonesia. Hence, there is probably good reason to, at least, file a criminal complaint in Malaysia on Manohara's behalf.

According to Hotman the evidence that Manohara is going to present is her body. Apparently, this is sufficient to show how she was "treated" (abused and raped). As I have posted in the previous incarnations of this series of "personal views", the documenting of the injuries and trauma suffered are only half the journey. A successful prosecution will require Hotman and his team to prove that the documented injuries were inflicted by those named in the criminal complaint.

The forensic examination of the alleged abuse has been undertaken at the Cipto Mangunkusumo General Hospital. This is a good hospital and they are not likely to be subject to any charges of embellishing the forensic examination results. I would be comfortable accepting that the documented injuries and trauma noted in this examination being an accurate reflection of the injuries and trauma present. Once again, this still needs to be attributed to those individuals noted in the criminal complaint.

At the moment much of this case is "she said, he said", although the Prince is not saying all that much at the moment. As I have been saying all along, this is an interesting case. It is not interesting for any ramifications that it supposedly has for bilateral relations between Indonesia and Malaysia, but rather for the interesting legal dilemmas that it gives rise to.

The show must go on. So, this means that there will undoubtedly be a Manohara Odelia Pinot -- Part VI.

A Report on the Banality of Evil

I am currently reading "Eichmann in Jerusalem: A Report on the Banality of Evil" by Hannah Arendt. I am reading the Penguin Classic version that was originally published in 1963 and the reprint that I have from 2006. I have been wanting to read it for some time, and I finally managed to get a copy from Barnes & Noble when I was in the US in late March.

What first intrigued me about Eichmann was the international law implications of his kidnapping from Argentina and subsequent trial in Israel. The idea that Eichmann was nothing more than a functionary in an evil system is also an interesting way to examine the holocaust; evil perpetrated by ordinary men and women (primarily men).

The reviews of the book are best described as mixed, with some all for the Arendt account and others highly critical of her approach and use of "facts". I guess I will make my own judgment on these issues once I have finished reading the book.

Anyway, I will add a postscript once I have finished. I should also take it of my list of books that I wished I owned seeing that I now own a copy.

OJ Simpson -- Life in Jail? (An Update)

OJ Simpson as been sentenced to up to 33 years in prison. For a 61-year-old this is as good as a life sentence. Some might say this is somewhat poetic justice seeing many believe he was guilty of murdering his ex-wife and her friend but used his celebrity, fame, and money to get himself acquitted in that case. In a perverse twist of irony is that this sentence comes 13 years to the day since he was acquitted of the murder charges.

If the glove fits.

It seems though that OJ Simpson's penchant for believing that he is above the law and then breaking the law has finally caught up with him. His most recent venture, and one that saw him charged with armed robbery and kidnapping, has now landed him a prison sentence that will see him, potentially, in his 90's before he again breathes any air as a free man. That said, the non-parole period is a mere nine years.

If he is well-behaved during those nine years he is likely to be paroled at the first opportunity. This means he will be a sprightly 70 when he has his first chance of getting out.

Simpson will undoubtedly instruct his lawyers to appeal. However, he will stay in jail throughout that process.

The Department of National Education, Student Data, and Privacy

There has been an interesting phenomenon occur over the past few days that highlights the power that blogging has in getting out a message and seeing changes made. The Treespotter posted a piece on the Department of National Education and their posting on their site of complete sets of student data.

The data itself is important in terms of administering the individual schools and perhaps also in terms of ensuring that the Department has up-to-date data on students so that it can do its job better. Well, at least, potentially more efficiently and effectively. There is no problem in collecting the data, the problem related only to the need to publish this data online.

There are a number of problems with publishing the names and addresses of some 30 million plus students online from primary school through to senior high school. The most likely of these problems would be identity theft and kidnapping. The identity theft would affect only a small number of students and more than likely those in senior high school who are 18 or 19 years old. They might have all manner of accounts and perhaps even credit cards.

Identity theft is pretty easy as the hacking into of Sarah Palin's email account highlights. If a candidate for the office of vice president and potentially the second in-line to the leadership of the free world is not safe, then what chance does some senior high school student in Indonesia have?

The kidnapping angle is also an interesting one and Indonesia, and in particular Jakarta, has had a few kidnappings occur of late. The idea that all of the research can be done online and at one site, in terms of targeting particular children, is frightening.

Kidnapping might only be one of the problems that could arise. Pedophiles might also find the detailed information useful in targeting certain children as well.

It is worth noting that the site and the downloadable files have been altered to remove the dates of birth and the addresses of the children whose names are included in the files. However, what is less clear is whether the Department has contacted Google and other search engines in order for them to have the cached and indexed files removed from their servers. If they have not then the files are still out there in the cyber world and can be recovered and reposted.

If you do not believe this to be so, then look no further than the ongoing fiasco of the Chinese gymnasts who competed in the Beijing Olympics. It was suspected that some of the Chinese gymnasts were under age, but the documentation provided suggested otherwise. Nevertheless, an enterprising individual managed to find cached files on a Chinese server that contained official documents stating that the ages of the gymnasts were not those contained in the passports provided as proof of their age.

The point, quite simply, is that until these files are removed from the search engines of Google and others the data is still out there. This is always going to be the problem of letting the genie out of the bottle. Once the genie is out, it is almost impossible to get it back in.

The privacy issues are also important. The law in Indonesia does not include a specific privacy law. However, there are privacy provisions in a number of laws that might be able to be used as a means of ensuring this kind of breach does not occur again. Some might argue that this disparate collection of provisions is no substitute for a specific law on privacy, and I might tend to agree. Nevertheless, there is enough in these provisions to prove that Indonesia recognizes a right to privacy and there is also enough in these provisions to sustain a case for a breach of privacy.

For example, Indonesia has ratified the International Covenant on Civil and Political Rights as Law No. 12 of 2005. It is clear in Article 17 of the Covenant that there is a right to privacy and that this right is one that cannot be arbitrarily interfered with. Simply, the Department's arbitrary and unilateral decision to post this private and personal data on the Internet without the express permission of the parents of the students involved is a breach.

Privacy also makes an appearance in Law No. 11 of 2008 on Information and Electronic Transactions. In this Law it relates more to investigations, but it must be noted that the principle is that there is a conceptual understanding of privacy and the damage that can be done if private or confidential information is publicly released.

Furthermore, the Supreme Court of Indonesia has also recognized that individuals have a right to privacy and that their personal or confidential information must not be traded in the public domain. In Article 22 of the Decision of the Chief Justice No. 144 of 2007 it is explicitly clear that any court official that is in a position to provide private or personal information must take into consideration any losses that might be sustained by the individual whose information is released.

Privacy has also been a feature of a Joint Decision of the General Election Commission and the Indonesian Broadcasting Commission. The Decision, No. 12 of 2004, states in Article 15 that candidates in broadcast debates cannot attack issues that are private. Once again, this presupposes that some information cannot be brought to the public domain without the express permission of the individual to whom that information relates.

The Child Protection Law, Law No. 23 of 2002, does not expressly deal with privacy. However, it is clear that the rights of the child are paramount and it is reasonable to assume that a sustainable argument can be made that the posting of the Department of National Education files on the Internet is not in the best interests of children.

In human rights terms the right to collect, collate, provide, and access information is set out in Article 14 of the Law No. 39 of 1999 on Human Rights. This provision supports the Department's right to collect the information. However, the provision also requires that the purpose of the collection of the information must be clear and for a valid purpose.

Article 47 and 48 of the Indonesian Criminal Procedure Code provide the power to investigators to open mail and other correspondence in the course of an investigation. However, if the correspondence does not relate to the criminal case that they are investigating then any information that the learn from the correspondence is to be kept secret. Although this provision does not specifically relate to privacy, it does highlight that, at least, conceptually Indonesia recognizes a right to privacy to some degree.

With the passage of the Freedom of Public Information Law (Law No. 14 of 2008) it is clear that some personal and private information is not to be provided to the public and presumably this would include posting it in a public domain such as the Internet.

For example, Article 6 of this Law is explicit that personal information cannot be provided by a public agency, and the Department of National Education would be classified as such, and therefore the information included in the school children files is conceivably out of play with regards to access by the general public. The type of information contained in the Department files would also seem to be protected from public release by the provisions of Article 17.

The Department has removed the most obvious breaches from their files. Yet, the damage might have already been done with the letting of the genie out of the bottle. This is a valuable lesson in thinking laterally and outside of the box. In this day and age of rapidly developing technology and an ever-smaller world, one must think their actions through from myriad of possibilities before uploading information to the Web.

It would seem that to try and close the chapter on this book the Department of National Education needs to make requests to all search engines that they do whatever they can to ensure that all cached and indexed files relating to this data are removed and / or are made inaccessible.

Information is important, but some information must remain private and this is a case in point.

OJ Simpson -- Life in Jail?

OJ Simpson will be remembered by most as the bloke that got away with murder. This is in spite of stellar athletic achievements such as winning the Heisman Trophy as the best football player in the college ranks and his pro-football career. It is also in spite of a not so stellar movie career although he was known for his work in movies too.

In a trial that played out with much less fanfare than his murder trial, OJ Simpson and his partner in crime, Clarence Stewart, were found guilty of armed robbery and kidnapping. These charges and now the conviction hold the possibility of a life in jail for Simpson. Many might argue it is about time.

The sentencing is not listed until 5 December 2008. The judge, Jackie Glass, rejected a bail application so it seems that Simpson is destined to spend the time from now until sentencing in jail. The defense has indicated that they will be lodging an appeal. It will be interesting to see what grounds they intend to advance in support of the appeal.

It seems that Simpson is going to pay a high price for his notoriety and his stupidity in being part of an armed robbery to reclaim sports memorabilia from a Las Vegas hotel room. If someone has stolen something from you and you know where it is then it would make sense that you call the local law enforcement officers to come in and take care of it. Most people would not think to form a posse and then take the law into their own hands.

This case turned with the testimony of Simpson's cohorts in the crime. Four of the posse turned State's evidence and struck plea deals and testified against Simpson. The provided their testimony to police long before any of them struck lucrative media deals to spill the beans publicly on Simpson. The defense however tried to paint the four as money grubbing hangers on looking to capitalize on their infamy in a financial way.

It seems that Simpson will do jail time this time around. Many will be hoping for a lengthy jail term. I guess we will find out on 5 December 2008 how much time. This might not be the justice that the families of Nicole Simpson and Ron Goldman were looking for, but one hopes that there is some small degree of relief for them that Simpson may finally be going to jail albeit for another crime.

Kidnapping

There are many among us who would never believe that a democratic government would act in such a way as to kidnap their own citizens and interrogate them for hours and use other illegal tactics to coerce them into becoming an informant. But then there are the conspiracy theorists, cynics, and other more knowledgeable souls who are not only not surprised but have been saying the government is regularly violating national and international laws in the so-called war on terror.

In an interesting development in Australia, the Secretary of the Attorney General's Department has filed a complaint to the Judicial Commission of NSW to investigate a Judge, Michael Adams of the NSW Supreme Court, who ruled evidence obtained by the Australian Security Intelligence Organization (ASIO) inadmissible on the grounds that it was obtained unlawfully.

The complaint seems to stem from the judge's characterization of the officers involved as providing testimony that was unconvincing and untruthful. It appears the Head of ASIO feels that his fellas did not get a chance to address the criminal conduct they have allegedly committed. But, to the contrary, they have and the judge found it to be unconvincing and at times untruthful.

It will be interesting to see where this goes as there has been a change of government and it is not clear whether the new government and the new Attorney General will continue to pursue this. In any event the Judicial Commission will investigate but it cannot discipline judicial officers. The complaint seems destined to have the opposite effect to what is intended as if it proceeds it is likely to shine the light even more brightly on the actions of those in Australia's security and intelligence services and the methods employed by them and the impact this has on the civil rights of ordinary Australians.

Shine that light into the dark abyss that the war on terror has become...a good fight is a clean fight!