- VIVAnews/Nurcholis Anhari Lubis
VIVAnews – Prita Mulyasari, the convict in the case of Omni International hospital libel, will file her last effort to be released from criminal charge, that is to file for a judicial review on the Supreme Court’s ruling.
“Probably, it will be next week. We are still in the process of completing the cassation process. As soon as it is complete, we will file for the review at Tangerang District Court,” Prita’s lawyer Slamet Yuono told VIVAnews, Tuesday.
Slamet went on that according to Article 263 of Civil Code, the contradiction between the ruling and the judge’s mistake can be the basis to file for a judicial review. “So it’s not only new evidence. The new evidence will be conveyed when we file for the review, also the reasons. These cannot be conveyed now as the review hasn’t yet been submitted,” he said.
According to Slamet, the ruling by Tangerang District Court will be the basis for filing for the judicial review. The ruling contained the Supreme Court’s inconsistency in two cases against the same subject (Prita Mulyasari), the object (Prita’s email) and evidence (Prita’s copied email of which source is unknown).
“There was a civil verdict that found Prita not guilty, but on the other hand the criminal verdict found otherwise. We can already see the contradiction between the two. So the Supreme Court’s judge was inconsistent, especially the chief justice who handled Prita’s criminal case,” said the lawyer from OC Kaligis & Assc.
According to the civil ruling, Prita’s conduct was not categorized as libel. Prita’s statement was also considered to be in line with Article 28 of 1945 Constitution, which guarantees every individual’s right of communication. While the criminal verdict stated that Prita’s complaint did not take public interest into account so it should have been conveyed to Indonesian Medical Council (MKDI).
Prita’s lawyer may also file a complaint against the judge who ruled Prita’s criminal case at the Judicial Commission. “What’s important is filing the judicial review, then the OC party will take other steps,” said Slamet.
Prita’s party also hoped that everyone also monitor the judicial review. Furthermore, the Supreme Court must be serious in handling the case.
“The ruling shows that Supreme Court’s management is dire. The judges should have coordinated first before passing the ruling, rather than being careless,” he said.
Prita herself, according to Slamet, was patient and tried to do her activities normally. Her concentration was disrupted. “The point is she isn’t jailed because of the suspension, but actually she was found guilty,” said Slamet.
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Translated by: Indah Lestari
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