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)

Rape In Marriage -- Malaysia

Rape in marriage is perhaps one of the most under-reported crimes in almost all jurisdictions. Whether this is because the jurisdiction does not yet have laws in place to prosecute the crime or whether the stigma associated with rape prevents reporting or people just do not accept that a person can be raped by their spouse are all possibilities for the lack of reporting.

However, Malaysia has put into place a law that makes it a crime to commit rape in marriage. This law is in fact an amendment to the penal code, and has been in force since September 2007. The law is far from perfect, at least in my mind, as the maximum sentence for rape in marriage is five years. The maximum sentence for "ordinary" rape is thirty years.

In my mind, rape is rape, and the maximum sentence available, if found guilty must be the same. However, in a recent Australian case, a jury was seemingly convinced that rape could, in very limited and specific circumstances, be accidental.

Nevertheless, the prosecutors of eastern Pahang State in Malaysia have used the amended Penal Code to successful prosecute a Malaysian man who was alleged to have raped his wife and forced her to have anal sex as well. He was sentenced to the maximum of five years for the marital rape and a further 10 years and three lashes for the anal sex charge. This was the first successful prosecution for marital rape under the amended Penal Code.

This is an interesting development for a number of reasons. First, it seems that there are greater protections afforded, primarily, to women who are raped by their husbands. I am not sure that one decision is enough to inspire across the board confidence in the law, but it is a start and it is a step in the right direction.

Second, the Manohara case may benefit from this judgment. It would seem clear from the allegations being put forward by Mano that the prince was a bit of a sex addict, perhaps even a bit of a fiend, and that he was very demanding on the need for sex. Was this rape in marriage? If so, is Manohara, or her team, thinking about pursuing the prince in this manner?

Hopefully, though the decision will inspire more Malaysians to stand up for their marital rights, particularly women, and that rape at any time is not something that must be endured in silence and shame.

Manohara Odelia Pinot -- Part XX -- A Claim for IDR 3 Billion

Tengku Fakhry has decided that Manohara and Daisy owe him the equivalent of some IDR 3 billion in money that he has provided to them while he was married to Manohara. This claim has been filed in a Malaysian court.

Daisy, in her usual manner, has dismissed the Prince's claim as not only excessive, but plain wrong. According to her, she does not owe the prince a single penny. Actually, Daisy went a little further and added that she thought the prince was acting like he is a God who thinks he can control any one that he wants.

This would seem to exclude Daisy and Manohara as they managed to escape his clutches and have since shown that they have no fear of the man. Not one to miss an opportunity, Daisy added that so far, the prince's behaviour has been a little erratic and it seems that he does not know what he wants; whether he wants Manohara back as his wife or whether he wants to sue her into oblivion.

It seems that this particular saga still has legs and is looking like I can get a few more posts out of my fascination yet. And, there is always the issue of what is going to happen to Daisy on another legal front related to her abuse of a former maid.

Ain't life grand.

By the way, the photo can be found here. I am not sure whether this is a real photo of her or a photo-shopped one, but it looks like a mobile phone capture to my untrained eye.

Manohara Odelia Pinot -- Part XIX -- Upping the Ante

At the outset, a reminder is necessary...this is a fascination and not an obsession! :D

The prince, Tengku Fakhry, has certainly upped the ante in the domestic / marriage dispute between himself and his teenage wife and her mother. The ante in this case is reportedly in the tens of millions of Ringgit for the defamation case that the Fakhry has submitted to the Malaysian courts. Latest reports set the figure at 105 million ringgit. There is also another claim that Manohara's mother, Daisy, owes the prince about 1 million ringgit.

I am still wondering why a 30-year-old prince wanted to marry a 16-year-old wanna be starlet and social climber. Perhaps he was sucked into the black magic powers of the mother and the surgically implanted golden needles and diamonds in Manohara's jaw. Who knows, and I guess in the big scheme of things, who really cares outside of those immediately affected by this ever deepening crisis of domestic bliss turning to domestic mess.

Upping the ante also sees the prince's legal team for the defamation case, headed by Mohd. Haaziq Pillay, seeking special leave from the Kuala Lumpur High Court to file a writ of summons in Jakarta. Generally, in common law legal systems the permission of the court is required where a summons needs to be filed outside the jurisdiction because the defendants are not within the local jurisdiction. There would seem to be no reason why the court would not grant this application, except if the court was of the opinion that the case had no merit and no likelihood of success.

The court has since granted the leave and it would seem now the writ of summons needs to be forwarded to Indonesian authorities and onto the legal team of Manohara and her mother. It will be interesting to see if this spurs both mother and daughter into returning fire and filing criminal complaints in Malaysia regarding the alleged conduct of the prince.

If the duo do return fire then it will require them to start furnishing evidence of the alleged abuse, rape, kidnapping, and torture that the prince allegedly perpetrated against Manohara during their brief marriage. The reports of the abuse and alleged photos of the razor blading of Manohara have surfaced on the internet and doctors have issued statements in support of Manohara's claims. However, this has been a case of the drama being played out in the court of public opinion and the burden in this court is considerably different to that required in a criminal court of law or even in a civil matter.

To be clear, the sense here is not that Manohara has not been abused or raped or kidnapped or tortured in the manner that she claims. However, there is this underlying and emerging series of questions starting to bubble to the surface not only in Malaysia, but also in Indonesia, that if these claims and allegations are true, then why are Manohara and Daisy not more forcefully pursuing justice? On a personal level, I would like to think that in the big scheme of things that Manohara and her mother could use this unsavoury and tragic occurrence to help victims of domestic violence to escape their respective tragic existences for a better future.

Perhaps not one filled with a sinetron named after them and multi-billion rupiah appearance fees and the like, but an escape to a better life.

The defamation case is set for mention in the Malaysian courts on 2 August 2009.

The Indonesian authorities, headed by the Department of Foreign Affairs, has offered to help in any way that they can in terms of assisting Manohara and her mother filing the necessary paperwork to commence legal proceedings in Malaysia. Even the Malaysians themselves have committed to a thorough investigation to ensure that justice is done wherever that justice may be.

No matter what happens, there is still the issue with Daisy being to all intents and purposes on the run from French authorities. The sad part is that Manohara is not implicated in the legal problems that befell her mother in France, yet it is ironic that the mother, who has been so vehement in wanting to see the prince punished for his abuse of her daughter, is in fact a person who has been convicted of assaulting and abusing an Indonesian under her care.

If Indonesia is series about stamping out the practice of foreigners thinking that they can abuse Indonesia's migrant workers with impunity, then this would be a perfect case to say, enough is enough. The Indonesian government should be pro-active in working through the merits of the Daisy Fajarina case, and if necessary facilitating her return to France to face the music. To not do so sends a very poor message to all of Indonesia's migrant workers; where here for you if you want to come back and star in a sinetron and engage in some Malaysia bashing, but while your overseas you're on your own.

The last point is not entirely fair. Indonesia has and continues to pursue initiatives to afford greater protection to their migrant workers. If for no other reason than migrant workers repatriate huge sums of foreign exchange into the Indonesian banking system. Cynical, I know, but also true.

The time has come for Manohara and her mother to decide whether they are going to play legal ball here. The prince has shown his hand, Manohara's move.

Manohara Odelia Pinot -- Part XVIII -- Money Owed?

In case you are wondering whether this is an obsession or a fascination with the Manohara case, then let me assure you it is a fascination. As one of my readers pointed out, perhaps it is a fascination with young women with legal problems.

I have also written extensively on Schapelle Corby. The fascination for me is with the legal issues that are inevitably going to arise in this case, assuming that either side ever gets around to fully pursuing the legal aspects of the case.

Unspun, over at the Unspun blog, also has numerous Mano themed posts at his place. By the way, Unspun my increased rate of frequency in Mano-related posts is not the beginning of a competition amongst us :D

The prince appears to be a little more committed to pursuing the legal avenues available to him. This is of course when he is not helping out on the movie he is making about the stormy marriage he had with Manohara. The marriage is going to be shown to be breaking down as the result of an over-bearing and interfering mother of Manohara / mother-in-law to the prince.

The prince has filed two cases recently at his local Sharia Court in Malaysia. The first seeks a reconciliation with his wife. The other is a claim that Daisy Fajarina and Manohara borrowed almost 1 million ringgit from him, and that money has not been repaid. This works out to be a debt of somewhere in the vicinity of USD 276,000.

Hey, if it is true that they owe the prince money, then they should not have much trouble in repaying it as Manohara has just scored a soap opera part reportedly paying more than IDR 1 billion.

Daisy has denied owing the prince any money. According to Daisy the real issue is that the prince forbade Manohara from working and earning a living. I don't know, I would have thought the real issue was why the prince, allegedly kidnapped, raped, and abused his young wife. Then again that is just me.

Daisy Fajarina is always good for a chuckle. Some of the comments attributed to her include, "he would have to prove his accusation before a court." Ah, I am guessing that is why he filed the complaints that he did in a Shariah Court. Besides proving something in a court of law is no guarantee justice is going to be done. It is not impossible that the parties would try and dodge their obligations by fleeing the jurisdiction or not presenting themselves for punishment. And, ending up subject to an Interpol Red Notice.

Daisy also wonders why the Shariah courts are even hearing the prince's complaints. As far as Daisy is concerned, the prince has violated every law of Islam in his treatment of his estranged wife.

The plot thickens as the saga continues.

Manohara Odelia Pinot -- Part XVII -- The Prince to Make A Film

The Manohara saga just keeps getting more saga-y with each passing day. I know that I am having fun following the to and fro between the young Indonesia starlet in-the-making and victim of domestic abuse, Manohara, and her estranged husband, the Prince of Kelantan State, Tengku Fakhry. I am guessing that Unspun is also enjoying it. Unspun has been covering the whole story a little longer than I have.

However, Unspun does have the excellent idea of a soap opera shootout with the best soapy being crowned the crowd favourite, where Unspun and yours truly act as the judges. I am up for that. As 'Big' John McCarthy would say in the UFC, "let's get it on!"

As most of my loyal readers are aware, Manohara has kicked over her entry into the soap opera realm with her self-titled, Manohara. I have not watched it as it is not available in my neck of the woods. Although there are a few of us who are thinking about lobbying our local multicultural broadcaster to pick it up. However, some of the people I have alked to that watched it said it was only average viewing as Indonesian soap operas go. And, that Manohara did not have all that many lines. So, it is probably a good thing she is not getting paid by the word or the number of lines she speaks.

Not to be outdone by his estranged wife, Tengku Fakhry, has decided to tell his side of the story through a movie. It is being billed as his version of the Fakhry and Manohara love story. Yet, in recognition of the fact that the marriage was not all wedded bliss and peace, harmony, and love, the working title of the Prince's film is "The Stormy Love Story of the Prince" or in Malaysian "Kisah Prahara Cinta Pangeran".

The film is to be directed by Malaysian director, Kardi Syaid. Interestingly, the stormy relationship in the film is going to suggest that the love affair went off the rails because of a third party. It would have been better if the third party had been some adulterous stud who swept the young bride off her feet even though she was married to a prince. Unfortunately, the third party seems to be an interfering mother-in-law, who allegedly has enough legal problems of her own that she does not need to be getting involved in those of her daughter.

I have to say, movies with gratuitous violence and kinky sex are always likely to do good business in Indonesia. I am not sure how the over-bearing mother angle will work though. The film is sure to be interesting as the director has already suggested that the reporting of the "facts" in the case have all been one-sided and it is time that people learned the real truth.

I do not know about the rest of you, but I am kind of looking forward to a knock 'em down, drag 'em out bar fight through the small and silver screen mediums. The film is likely to have some authenticity to it as the prince has granted permission for the actual Kelantan State Palace to be used as the location for the shooting of some of the scenes.

I guess that the real issues will have to wait to see the light of day in the inside of a court room. It seems that the most pressing matters for these two former love birds is a grudge match on the screens of out living rooms and movie theatres. Sounds like fun!

Let the battle begin.

Manohara Odelia Pinot -- Part XVI -- The Jakarta Bombings

Some have called my fascination with this case an obsession. I would rather call it just a fascination, the fascination about the making of a celebrity, especially where there are interesting legal issues and points of law arising from what are allegedly a tragic set of circumstances relating to domestic violence.

It seems that Manohara's handlers, and presumably chief among these is her mother, will go to any lengths to ensure that the girl does not miss out on a media and photo opportunity. Most of these appearances seem to be geared to exploiting any nationalist sentiment that Indonesians have with respect to being anti-Malaysian. The carefully managed media opportunities are also designed to take the focus off of Daisy Fajarina and her own serious legal problems including the one where she is allegedly on the run from France for the abuse of a domestic servant. Brett over at Spruiked has his own take on the media coveting matter here.

Mano, as she is known to her friends, decided that Monday was a good day to get over to the MMC hospital in South Jakarta and visit some of the victims of the JW Marriott and Ritz-Carlton hotel bombings. Mano did not only make these visits by herself, but she went along with her mother and 50 members of her entourage all clad in red and white camouflage gear. Red and white just happens to be the colours of the Indonesian flag. I am all for a little patriotism and being proud in one's country, but is this really the moment for this expression?

The fact that the prime suspect for planning and coordinating the most recent bombings is Malaysian is not enough reason for this kind of circus to occur, particularly when it seems that the trigger men, or suicide bombers if you prefer, are most likely to be Indonesian. In any event, if Mano was really concerned about the health and welfare of the victims she would not have made them participants in the Mano horse and pony show. This hospital appearance was all about self-promotion and promoting the new soap opera she is to star in, Manohara.

The hospital visit followed a visit to the site of the actual bombings and her signing of the memorial canvas.

It is times like these that people look for sincerity in the actions of their celebrities. Unfortunately, Mano's actions here seem to be self-serving and exploiting the grief of others in order to keep her own name in the press (and by posting this blog entry perhaps I am complicit in this vicious cycle). As serious and severe as the alleged physical and sexual assaults were against Manohara, a double bombing is certainly going to bump you from the front couple of pages of the tabloids and out of the main story slot on all the gossip shows.

Cynical, maybe! But, based on what is available it is a reasonable thing to be.

The case will soon return to the substantive issues that first brought Mano to the attention of the masses. The prince has announced that he is pursuing a defamation action against Manohara and her mother for the lies they have spread about him. The prince went on to say that he is also seeking to terminate the marriage and is hopeful of a divorce in the near future.

Some people will do anything to be famous, and once they are famous they seem willing to do whatever it takes to remain so.

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.