SURABAYA - The head of the legal advisory team for the accused of molestation Moch Subchi Azal Tsani (MSAT) alias Mas Bechi, I Gede Pasek Suardika, said that the qualifications of witnesses from the Public Prosecutor's Office were weightless or weak. The reason, they did not know directly because they were not at the location.
"Because this witness did not see what the prosecutor was indicted, but heard from people's stories, he has been asking questions back and forth, yes, that is the fact," said Pasek Suardika on the sidelines of a trial at the Surabaya District Court, Monday, August 22.
The lawyer said the fourth and fifth witnesses were presented at the follow-up hearing of the student molestation case. The fourth witness has been examined, and is now awaiting the examination of the fifth witness.
"Qualifyingly, the witness is almost the same as before. This means that this witness did not see, hear, and experience directly the incident that was accused (testimonium deauditu)," continued Pasek Suardika.
According to him, the witnesses presented were entirely based on the testimony of others, not experienced or felt themselves.
"I don't know what the rest of the other witnesses will be like, meaning that there was only one victim in two incidents. So, to explain these two events, none of them are valid and authentic that we can confront," he said.
Pasek Suardika stated that the fourth witness this time was a pesantren person. IHe gave his testimony based on the story of the victim. That is, this witness did not see, experience, and hear directly.
"If everyone only hears from the story, it's difficult, but what he revealed was the internal interview he had, he said that he was interviewed at Cokro Therapy 1 hut, there was only a difference from the testimony of the third witness yesterday," he said.
To further clarify the existing evidence and facts, Pasek Suardika and his team immediately gave a 'surprise'. During the trial, his team showed photos and videos of the location in question, so as not to be biased.
"Finally we helped to visualize the locations mentioned and also the video, so that there would be a shadow. In principle, we want to be completely open, we convey photos and videos of the location, so that everything has a shadow, because we believe that the prosecutor and judge did not see the location, so we prepared it now," he said.
"So, if a witness explains, they just have to play the video, what does that mean, we are the ones who help instead, what can we do? So that the case is clear, that this is fact or fiction. But to this day, fiction novels win, rather than real stories," he continued. .
Meanwhile, the public prosecutor who is also the head of the Jombang Kejari, Tengku Firdaus, said that the testimony of the fourth witness was considered to strengthen his evidence. In fact, according to the information in the Investigating BAP.
"Today we are still submitting witness statements submitted by the Public Prosecutor, broadly speaking, witness statements strengthen the statements of previous witnesses. So, there is conformity with the statements of previous witnesses as outlined in the investigator's BAP, supporting our evidence," said Firdaus.
Firdaus explained, the fourth witness this time gave a straightforward statement. However, he was reluctant to explain in detail because it was included in the subject matter of the closed trial.
"Smoothly, firmly, what he experienced, heard, and knew, he conveyed. This is the fourth witness, yes, he knows, I can't tell because this is closed, and I have to hide his identity," he said.
Firdaus said that the four witnesses who had been sworn in, presented and gave testimony since last week had ended. Now, it is time to present the next five witnesses from the public prosecutor's office.
"In total there are 5 more witnesses that we will present, those who have seen, heard, and know for themselves. In total today there are 6, hopefully the six can be finished today, 1 witness can already predict the questions and responses," he explained.
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