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 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 X -- Stirring the Pot

I am certain that I am giving more attention to this story than it deserves, but it is interesting to observe the lives of the rich and famous from a safe distance. I have also been wondering how I might work the case if I had been tapped to be one of the lawyers (from either side). The gossip that surrounds this case and the unusual nature of how it is playing out post abuse is also interesting. However, the interesting parts also travel back in time to a period when young Manohara was nothing more than a wanna be model and an avid social climber willing to do whatever it takes to be one of the beautiful people that us mere mortals view in magazines like Indonesian Tatler.

I am not going to focus on Manohara's early life (perhaps if I ever find anything out about that I can make a post on that too), but rather her emergence as the girlfriend of Anindra Ardiansyah Bakrie or Ardi as he is known to his friends (photo courtesy of here). This relationship has been acknowledged by all, supposedly, and evidence of it exists in the pages of some of Indonesia's glossier magazines. This relationship (or was it just a friendship?) was ongoing in 2008 and up to at least the time Manohara's mother gave her approval for Manohara to marry the Prince.

What is interesting to me is not that the girl is 16-years-old and dating, but rather her mother has approved her dating a man some 13 years her senior. By all definitions she is a child. We are not talking about a situation where the age difference is between a woman of 37 and a man of 50. For me, in that scenario, they are both adults and can make the decision if they so desire. This brings me to my point of avid social climbers willing to do anything to get their mugs in the glossy mags. I am also wondering what interested a successful son of a billionaire to start dating a child? In any event Ardi has moved on and is now dating the 18-year-old Nia Ramadhani.

What would be more interesting is to wonder whether or not the relationship was sexual as this would open up a whole new Pandora's Box of possibilities.

After the failure of her relationship with Ardi, Manohara moved on with her mother's blessing to marry Tengku Temenggong Mohammad Fakhry, the Prince of Kelantan State. It sounds all like a fairy tale to me; moving on from the son of a rich man to marry a prince. I am sure that someone out there would think this to be social climbing. Others might think she just got lucky, like a young Australian woman from Tasmania who met and married a prince who also happens to be the future King of Denmark.

The wedding snaps of Manohara's nuptials with the prince show a pretty happy looking young girl (or should I call her a woman?). Manohara seems to have been accepted into the royal family and was granted title. Seems to be the real fairy tale so far. However, what happens next is pretty much well-documented in all manner of places, including at http://toughlane.blogspot.com/ which is a blog titles Truth Appeared and seems to be Malaysian in origin (interesting read).

The filing of the complaints in the respective jurisdictions of the parties has been discussed in an earlier post. However, it would seem that both Manohara and her mother, Daisy Fajarina, could do jail time if they were to be found guilty or fined.

I have read that Daisy Fajarina is subject to an 18-month jail term in France. It would appear that luckily for her Indonesia and France do not have an extradition treaty. However, if the Indonesian government is serious in taking up Manohara's case then it goes without saying that it would then be under pressure to extradite Daisy, with or without an extradition treaty in place. Simply, if you are going to take a stand on one then you will have to take a stand on both.

The final point I want to make in terms of stirring the pot is this; it has taken no time at all for Manohara to re-enter the Jakarta social scene. It has also taken no time for Daisy to milk this alleged abuse for all it is worth. The question is this, "what should be read into this post-abuse behaviour, if anything?" I suppose we each deal with trauma in our own way, and I am guessing that this is taking the idea of "if you fall of the horse then the best option is to get straight back on".

However, there is a part of my brain saying that the best course of action for a 17-year-old who has been subject to rape, physical abuse, kidnapping, and who knows what else, is to take some time out of the spotlight and get some professional help in order to process the things that have allegedly happened to her. Because, if the allegations are true, then this has been no fairy tale.

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 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.

Manohara Odelia Pinot -- Part IV -- The Medical

AFP is reporting that Manohara has undergone a medical examination and the doctor / forensic expert, Mun'im Idries, has found slash marks all over her body. Some of the slash marks are reportedly still fresh (I am guessing this means they are not fully healed).

The doctor added that the urine and blood work has not been finalized. The urine and blood work results are needed as a part of the claim made by Manohara was that she was injected with unknown substances. Although, the doctor did say that an injection mark was found on her back. The injection claims are interesting. Manohara alleges that the prince, Tengku temenggong Mohammad Fakhry of Kelantan State, injected her with something that incapacitated her and the injections were given before sexual intercourse was initiated.

The medical reports, as noted in previous parts of this series of posts, are key to proving that there was harm done to her. It still has to be proved that these wounds and other injuries that Manohara has sustained were the result of the actions of the prince or others acting on the prince's orders.

The AFP report is not saying anything about tests related to the rape in marriage allegations. I would have figured in light of the alleged sexual appetite of the prince that a rape kit might have been worthwhile in order to document any injuries. Then again, these might have been done but are not being reported.

It seems that Farhat Abbas, a (in)famous Jakartan lawyer, has taken up her cause. According to Farhat, the medical confirms Manohara's story. I am not so sure that it proves anything other than the fact that Manohara has sustained injuries and suffered trauma. For my mind the allegations still have to be tested in a court of law. In the court of public opinion, perhaps, Farhat is right in his assumption. Furthermore, Farhat has said that Manohara has lodged an official written report with the Indonesian police. This report names not only the prince, but a number of others as well.

What is interesting now is how the case proceeds. The alleged abuse, the accused, and perhaps the majority of the witnesses are located in Malaysia. The ability of the Indonesian police to investigate and prosecute this case seems difficult and remote in all likelihood. The Indonesian police have admitted as much. Abubakar Nataprawira, the National Police Force spokesperson, noted that the police have received the report and will be forwarding it to their Malaysian counterparts for further action.

The plot thickens. I am sure their will be a Manohara Odelia Pinot -- Part V.

Manohara Odelia Pinot -- Part II

Here I was consciously not writing about the Manohara (photo courtesy of R. Berto Wedhatama / JP) case and I have now written two posts in a row on it. It is a fascinating story as there are so many parallel lines to pursue. For example, how much protection do Indonesian Embassies provide to Indonesian citizens resident overseas and in trouble or more specifically the lawyer for the prince withdrawing from the case and then publicly criticizing the intentions of his former client.

On the embassy front, the reality is that embassies will always be criticized for never doing enough. In this case, the Manohara vs. the Prince is in essence a domestic dispute that has escalated allegedly into violence. I would argue that the violence is extreme if it involves slashing of Manohara with razor blades. Nevertheless, as I noted in the first post, these are issues that will be adduced at trial and with, I am guessing, photographic evidence of the crimes / violence claimed.

However, and despite the protestations of Commission I of the House of Representatives, embassies are sometimes unable to provide the necessary assistance. Yusron Izha Mahendra, Chair of Commission I cites the example of abused foreign migrant workers, particularly maids, however most of this abuse remains unknown until such time as it can no longer be hidden; the migrant worker is so severely abused that they need medical attention or they die. At this point the embassy can really only facilitate the repatriation of the body and family members to and from the country concerned. And, assuming the family wants to take legal action, facilitate that as well by connecting the family to local legal representation.

This is not to say that the Indonesian Embassy's performance in this case was beyond reproach, to the contrary, however Manohara's allegations of being ignored by the embassy is her side of the story. It goes without saying that the Indonesian Embassy in Malaysia is going to have a different take on how the events transpired. Hopefully, there can be good come from this and the procedures can be tightened and improved so that any future occurrences can be better handled and resolved more quickly.

Interestingly, the latest statement from the Kelantan royal family is that Manohara's flight was not so much an escape from evil but an agreed return home. It would seem that some of Manohara's statements would seem to agree. Although, she has not backed of the abuse claims so it remains to be seen how this plays out in this respect. There is also some intrigue as there are claims that not only were Singaporean police involved but there was FBI involvement as well. The FBI involvement is presumably because Manohara retains US citizenship.

On the lawyer front. Todung Mulya Lubis, a highly respected Indonesian lawyer, has withdrawn his services as legal counsel to the Kelantan family. According to The Jakarta Post the reason was that "there was no will from the family to settle the problem amicably." Now, most people would be all for amicable settlements however this hardly seems to be a case where an amicable settlement is ever likely to be achieved in light of the serious charges being levelled at the Prince by his wife.

I wonder whether the public statements attributed to Lubis prejudice the case of his former client. I have no problem with a lawyer withdrawing their legal services when they no longer feel they can represent their client to the best of their ability. It is a different kettle of fish to withdraw your services and then go on the record that your former client has no intention of settling the case. This would seem to suggest that there is merit to Manohara's claims and that the best course of action is to pay out and be done with it. Perhaps The Jakarta Post selectively quoted Lubis and the above quote is not the sum total of what was said.

It would seem that an amicable settlement in this case would be agreement to a quickie divorce (which should not be any trouble) and a financial transaction in order that the aggrieved party feels like they have been taken care of (or their silence is paid for). An amicable settlement might be a good PR strategy, particularly when all signs are pointing to this dragging on and getting even messier in the weeks and months ahead.

Yet, it would be a sad day when domestic violence can be rectified with a swift transfer of funds. People who beat their spouses must not be allowed to get away with paying cash for their crimes. If the abuse is proved then they must be subject to the criminal penalties that apply. If the rich can pay their respective way out of crime then we as a community are moving further away from the ideal of equality before the law.

It seems that the idea of a settlement is intended to avoid any criminal prosecution for the alleged abuse. However, if the Prince maintains that he did not abuse Manohara then a criminal trial where Manohara would be called on to prove the abuse might be in the Prince's best interests. Once again, this assumes no abuse took place.

However, if there was abuse then a settlement agreement with watertight confidentiality provisions and a statement that admits no guilt, may in fact be a good option.

The idea that this is going to be a strain on Indonesian and Malaysian relations is a stretch. There are far more interesting happenings that are likely to strain the bilateral relationship like allegations that an Indonesian warship was within seconds of firing on a Malaysian warship in the area surrounding the contested waters of Ambalat.

The saga continues.

Manohara Odelia Pinot

This is a case that has been in the news for some time. You can read an account from go to whoa here (you will have to do a search to get all the relevant pieces to the puzzle). It is a fascinating tale and somewhat tragic as well if all that is being reported is true. I have been following the news but have never gotten around to writing about it. However, the recent "escape" by Manohara (photo courtesy of AFP) from her captors makes this far more interesting as there are myriad of possibilities opening up on the Indonesian / Malaysian bilateral relationship front.

The basic gist of the story is that Manohara, who is part Indonesian and part American, a part-time model, and reportedly a regular on the Jakartan and Indonesian social scene, was married off at just 16 years of age to a Malaysian prince. Sounds like a bit of a fairy tale so far. However, the prince, Tengku Temenggong Mohammad Fakhry or Kelantan State, was not so much prince charming but rather prince nightmare in Kelantan State.

Manohara has claimed that she has been a victim, specifically she has said she was a sex slave, who has not only been raped, but tortured as well. The torture includes having her chest slashed with a razor blade (I am guessing that if this ever goes to trial then the pictures will find their way to the Internet eventually).

The plot of this saga is an interesting one as the reports of abuse have been not so secret for some time. Manohara's mother when tried to get into Malaysia to check the reports out for herself but was blocked from doing so by Malaysian authorities. The Indonesian government was not so forth coming in providing any consular assistance either. The mother, Daisy Fajarina, is threatening to get the legal action ball rolling and suing the prince. Perhaps she should sue the Indonesian government as well considering it was the Indonesian government that said Manohara was all well with her happy-go-lucky prince charming.

The other thing to consider is Manohara' age and the fact that her mother seems to have agreed to, and signed off on, the marriage. So, should she be held partly responsible, contributory negligence on the old lady's part?

The escape seems to have been well-coordinated and premised on some good behaviour on Manohara's part as the prince let her travel to Singapore with the prince's family. Whilst in Singapore Manohara did the big bolt and with the assistance of Singaporean police she has managed to find her way to Jakarta and freedom.

Funnily enough the Indonesian authorities are now saying that they would be willing to assist her if she was keen to file charges. If charges are to be filed then it would appear that seeing the alleged crimes were committed in Malaysia's jurisdiction then the charges must be filed there. I am also guessing that Manohara might have to return to Malaysia to give testimony in any trial (although I would have to check whether Malaysian law would allow in camera testimony via video link from Jakarta).

This case has all the ingredients for a sensational trial if it is allowed to get that far. Hopefully, it is not just consigned to the gossip scrapheap.

I am guessing a divorce must be the first item on the agenda.