Four Indonesian Citizens In Malaysia Escape The Death Penalty And Life

JAKARTA - The Court of the Putrajaya Alliance, Malaysia, has heard a review of a number of cases sentenced to death and life imprisonment.

Suhirman Maksom (51), from Sumbawa, West Nusa Tenggara (NTB), was sentenced to life imprisonment, became one of four Indonesian citizens (WNI) who attended the trial on Thursday, January 11.

Reported by ANTARA, Thursday, January 18, a number of convicts were seen present at the trial. They sat on two rows of long seats flanked by six rows of court visitors, three on the left, and three on the right.

Apart from Suhirman, who on that day wore a white short-sleeved shirt and same colored trousers, in the trial to face the verdict, there were three other Indonesian citizens who also underwent trial.

Fernandez faces the death penalty for a drug case. He was arrested on April 29, 2004, and on that day the panel of judges sentenced him to 30 years in prison since he was arrested and added 12 lashes.

The lawyer appointed by the Indonesian Representative in Malaysia to accompany them in the trial, Selvi Sandra Segaram, estimates that he will only be released for the next 4 months.

Then there was Mohd Nor Fauzi who also faced the death penalty for drug cases, was arrested on July 13, 2000, and that day the panel of judges sentenced him to 30 years in prison from the date he was arrested. That day he was released, according to Selvi.

Furthermore, there was Burhanuddin Bardan who also faced the death penalty, arrested March 26, 2004 for drug cases, and that day the panel of judges sentenced him to 30 years in prison from the date he was arrested and 12 lashes. Lawyers estimate he will only be released for about 3 months from the latest verdict.

Suhirman's Trial

Suhirman as the applicant for a judicial review (PK) of the life sentence handed down to him for violations based on Section 4 of the 1971 Firearms Act accompanied by a lawyer appointed by the Indonesian Representative in Malaysia, Selvi Sandrasegaram.

During the trial, the lawyer said according to the request that the applicant at the time of the incident was 21 years old and no one was injured in the incident when Suhirman showed a firearm while attempting to rob.

The lawyer told the panel of judges that the applicant had declared insaf and converted, and only once filed an appeal to the High Court. After the decision of the High Court upheld the decision of the Sesyen Court, Suhirman never appealed to the Court of Appeal.

"He really repents and accepted the decision," the lawyer said in court.

Suhirman has served 32 years and 10 months in prison since his arrest on March 2, 1991, and has received a caning.

"So we sincerely ask that the life sentence be replaced with a maximum prison sentence of 30 years starting from the arrest on March 2, 1991," said Selvi's lawyer to the panel of judges.

The prosecutor applied for a sentence of 20 to 40 years in prison, by considering the violations committed and the applicant was a foreign citizen.

The Chief Justice had asked Suhirman again to serve his sentence. And the courtroom was silent shortly in less than 45 seconds after the answer was given by the lawyer.

Our decision regarding the life sentence was ruled out and replaced with a 32-year prison sentence from the date of arrest on March 2, 1991, said the decision of the chairman of the panel of judges who chaired the hearing that day.

Both lawyers and Suhirman immediately thanked the three judges who held the trial that day.

"Thank you Yang Arif," said Suhirman to the panel of judges at the Court of Appeal as soon as he heard the verdict.

With this decision, Suhirman was released that same day. The sentence he was serving had exceeded the verdict handed down to him.