MA Frees Ojek Driver From Robbery Case, Orders Defendant To Be Released From Detention

ILLUSTRATION/SUPREME COURT BUILDING./ANTARA

AMBON - The Supreme Court in its cassation decision acquitted Jefri Gerson Bastian (34), a motorcycle taxi driver who was sentenced to three years in prison by the court of first instance for a mugging case.

"The results of the notification of the Supreme Court's decision that we received state that our client is not guilty, and the Supreme Court cancels the decision of the High Court which upheld the decision of the Ambon District Court," said Gerson's legal adviser, Dino Hulisellan, in Ambon, Maluku, quoted by Antara, Tuesday, November 9.

The Supreme Court stated that the man who worked as a motorcycle taxi driver was found not guilty of the mugging case that occurred in the Trikora Monument area in Ambon on August 11, 2020.

Previously, the Ambon District Court Panel of Judges sentenced him to three years in prison so that an appeal was made to the Ambon High Court, but his decision strengthened the decision of the panel of judges in the first instance court.

Then Gerson, through his legal advisor, made an appeal to the Supreme Court and his decision annulled the decisions of the PT Ambon and Ambon District Court judges and declared the defendant not guilty.

In its decision of cassation, the Supreme Court also stated that Gerson was not proven guilty of violating Article 365 paragraph (2) 1 and 2 of the Criminal Code in conjunction with Article 53 paragraph (1) of the Criminal Code in the indictment of the public prosecutor.

"The Supreme Court declared our client innocent and restored the defendant's rights and released the defendant from detention," said Dino.

He explained that the testimony of witnesses during the trial became strong evidence when submitting a memorandum of cassation, one of which was from the testimony of the defendant Anggy, the main actor who said the robbery was carried out by someone named John.

"From the testimony of the defendant Anggy, when examined by the police, he admitted that Epot was not the perpetrator but there was another person named John, but the investigation by the police continued," Hulliselan explained.

In addition, the victim's witness also admitted that he did not know the defendant Gerson because at the time of the incident, the perpetrator wore a mask and helmet and the victim's statement stood alone.

"In addition, when our client was questioned, he was pressured and beaten and this is corroborated by the testimony of witness Naldo Surea who treated the victim, even though in the Criminal Procedure Code it is written that when giving information there should be no pressure," said Hulisellan.

It is known, the mugging was carried out at night on August 11, 2020, when the victim who had just returned from work temporarily walked to take a motorcycle taxi around the Trikora Monument area of Ambon.

After arriving at the corner of PT PLN UIW Maluku and North Maluku, an automatic motorbike approached the victim and immediately forcibly pulled the victim's bag which contained Rp5 million in cash.

A tug of war took place between the perpetrator and the victim which resulted in both of them falling. As a result of the actions of the defendants, the victim suffered injuries to his temples and also pain in the chest due to hitting the pavement.