British woman, Lindsay June Sandiford lodged cassation to the Supreme Court for death penalty sentenced on her by Denpasar District Court.
“Just now we submitted our client’s cassation memory,” said Fadiah Agus as Lindsay’s attorney at Denpasar District Court.
He thought that death penalty sentenced to his client in the case of smuggling 4.7 kilogram cocaine is incorrect. Article 6 Paragraph 2 Section A regulation Number 35 Year 2009 is not effective for Lindsay. “The Article is not in the regulation, please do check it,” he said.
Fadillah also thought that the death penalty is not exist in Indonesian legal system. “ We also thought that the judges panel in this case had made the wrong decision because there is no consideration alleviating the defendant, in fact in Article 197 Paragraph 1 Section F Criminal Law Regulation Book (KUHP) it’s implicitly stated that the verdict must include matter that alleviate and aggravate the defendant,” he said.
He also mentioned several things that should alleviate his client, such as she had apologized, regret and she is old.
“The judges panel doesn’t consider the legal fact if Lindsay is a cooperative witness,” he said.
The other thing that becomes consideration is that the way she brought to Court because she was not accompanied by her attorney when the verdict was being read.
“Although KUHP states that death penalty is legally accepted but the tendency happened in some countries is eliminating the death penalty, moreover Indonesian Ministry of Foreign Affair had stated the sentence moratorium but in reality it was sentenced to our client,” he said.
The death penalty, he added, violates Human Rights so the Court in cassation level is asked to cancel the verdict put upon Lindsay.