Prashant Gangtani, the son of Anand Krishna denied the statement of South Jakarta District Attorney Office in which, via a spokesperson, they declared that it is difficult to know his father’s whereabouts. Prashant regretted this vile slander against his father. “We have informed the Legal and Service Centre of the High Attorney Office about my father’s location last year (27/11). We have a video recording, voice recording, and witnesses related to this matter. So the Chairman of South Jakarta District Attorney Office has obviously lied to public if they say they don’t know where my father is,” Prashant said when we contacted him.
Prashant and Anand’s Lawyers assessed that the Supreme Court’s decision to overturn Anand Krishna’s acquittal is legally flawed since the decision is full of anomalies. It does not even fulfill the elements stipulated by Article 197 (1) sub section d, e, f and h of the Law No.8/1981 about Criminal Code Procedure.
In the decision made by the Supreme Court, there is no legal consideration for the granting of the appeal filed by the Prosecutor Martha Berliana Tobing. The decision also contains a consideration taken from a criminal case about brand name dispute from the High Court of West Java of 2006 which is in no way related to the case of Anand Krishna.
“All these anomalies convince us that this decision is legally flawed and therefore should be declared null and void for the sake of upholding the law. My father has all the rights to fight against any kinds of illegal attempt to arrest him,” Prashant added.
Several legal experts also agreed that this decision is flawed. Those experts who attended the Public Examination on the Case of Anand Krishna in Yogyakarta (18/10) and Denpasar (25/10) last year are: Prof. Dr. Nyoman Serikat Putrajaya SH MH (Professor of Criminal Law of Diponegoro University), Prof. Dr. Edward Omar Sharif Hiariej SH MHum (Professor of Criminal Law of Gadjah Mada University), Dr. I Dewa Gede Palguna SH MH (Former Constitutional Court Judge 2003-2008), and Dr. IB Surya Jaya SH MH (Criminal Law Expert of Udayana University)
The National Human Rights Commission also voiced their opinion. They think that there are indications of violations against Anand Krishna’s rights in this legal process.
We have also received a copy of the Recommendation of the National Commission on Human Rights. It indicates violations of human rights and errors in the due process of my father. So, the Commission also sent the letter to the Supreme Court, the High Attorney Office and the Police to advise them not to arrest my father because of the violations,” said Prashant.
The Decision of the Supreme Court to overturn Anand’s acquittal was made by the Supreme Court’s Panel of Judges, Ahmad Yamanie, Zaharuddin Utama, and Sofyan Sitompul. Judge Ahmad Yamanie has been dishonorably dismissed by the Judges’ Ethics Council for bribery allegations. Judge Zaharuddin Utama has already been reported to Anti-Corruption Commission and Judicial Commission for bribery allegations in another case. The Supreme Court Judge Sofyan Sitompul was also reported in July last year.
Previously, the Panel of Judges of South Jakarta’s District Court was led by a female judge who is famous for her honesty and integrity, Albertina Ho. She acquitted Anand on November 22nd, 2011.
Contact Person: Prashant +628159977979