Consulate General - Kuching Darsono Successfully Exempt from Death Penalty Threa

 
 
 
 
 
 
 
 
 
 

On 26-30 September 2011, at the High Court Sibu, Sarawak, has the trial lasts for Sdr. Hadi Darsono Sunarso, suspected cases of trafficking of marijuana weighing 561 grams, which threatened the death penalty for violating Section 39B.
 
Session chaired by a judge's Ms. Yew Jen Kie with DPP (Deputy Public Prosecutor / Judge Prosecutor General) Mr. Musli Abdul Airwan A. Hamid. Since the beginning of the course of legal proceedings on this case, the Consulate General has appointed a lawyer Sdr. Orlando Chua from Wong, Orlando Chua & Kuok Advocates to provide legal assistance to Sdr. Hadi Darsono Sunarso
 
After going through the trial process by inviting experts from the Narcotics Laboratory, Chemistry Position Kuching and also the defense of lawyers, judges finally decided Darsono Yew Jen Kie sentenced to 15 years in prison and 10 sebatan. Punishment as of June 15, 2010. After hearing the statement of the DPP and the attorney, the court delayed for approximately 1 (one) hour before the judge read the verdict. In its verdict, the judge considered the following matters:
  • The Court appreciates Darsono has pleaded guilty at the earliest opportunity, thus easing the cost and time spent Malaysian Government
  • Darsono arrested while carrying marijuana weighing 561.3 grams. Although it might be lighter weight, but cannabis remains a dangerous substance and is a serious crime that can threaten public safety
  • Darsono provide cooperation during the trial or during investigation. In addition, Darsono was arrested along with about 30 other citizens so it is possible that Darsono then part of the victims of Trafficking in Person.
  • Marijuana trade in Sibu increasingly worried by involving various levels of society. The judge stated that Darsono could simply be part of one of the new network this time caught.
  • Darsono have a family with wife and 2 (two) children so that makes it regretted having done the deed. In addition Darsono also get a bad influence from the association about, but the judge said that Darsono were grown and can think clearly about fitting the crime does not and should not be influenced by others who threaten her own safety.

In relation to these factors the judge Yew Jen Kie decided sentenced 15 years in prison and 10 sebatan. Punishment as of June 15, 2010.

 
Hearing the verdict, Attorney Consulate General, Br. Orlando Chua protested the judge's decision because the facts show that the act not amounting to acquittal Darsono, but the judges still sentenced him
 

In discussions with Consulate General. Orlando Chua after the trial ended, a lawyer who is known persistent is disappointed with the decision of the Court, based on the facts as follows:

  • Marijuana is used as the evidence of poor quality because it does not dry and moldy, so if sold will not be sold.
  • In their ruling, judges continue to indicate that marijuana is brought Darsono is 561.3 grams, while the weight should not be used again as a fact because of errors committed by the Occupation of Chemistry. In addition, the article charged was reduced to 39A (2) where the article is subjected to marijuana weighing under 200 grams.
  • 15 years is too close to the maximum sentence of Article 39A (2) which is 20 years imprisonment, while in other cases, the sentences handed down an average of just under 10 (ten) years for the same article.
In this regard, counsel Orlando Chua said he would appeal. This is because he feels that the decision of the judges are too heavy
 

Br. Orlando Chua is a lawyer in Sarawak is known persistent and not give up easily, so he declared that as a lawyer who preferred not pay earned but justice. In this regard, he expressed some considerations to appeal. Beyond the reasons given above, the concerned expressed that judges in the Court Flirt in Kuching is not easy to impose penalties to levels approaching the maximum punishment because they view the case from all sides and consider the various inputs that ease the suspects. In addition, with the facts that exist that have been ruled out by the judge, Orlando Chua believes that the punishment for Darsono be much lighter in the Supreme Flirt.

Darsono himself said that he was very grateful to have been detached from the hanging. After being released from prison, he intends to work well for a happy family
 

In a break before the verdict is done, the Consulate help Darsono contacting his wife by phone and they had talked for a while. Darsono also told the consulate that he had been duped by recruitment agents named Teddy is located at Jalan Warakas III no. 20. Concerned depart to Malaysia after paying Rp. 8 million to the agency and promised to work as a sailor at sea, but it turns out Arriving in Sibu concerned only employed in small boats operating in the river course.

 

In this trial, both attorneys Orlando Chua and the DPP considers that Darsono very lucky to have ease of Chemistry Position statement of the charges were dropped, although there is a possibility that the actual weight of marijuana and mushrooms after deducting liquid is above 200 grams, which carry the death penalty mandatory consequences.

 

Consulate General will continue to coordinate and communicate with counsel Orlando Chua on filing an appeal of this case which is expected to take up to approximately 1 (one) next year.

 

Kuching, 29 September 2011