ID :
18497
Mon, 09/08/2008 - 19:28
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https://www.oananews.org//node/18497
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JUDGES DENY ALL OBJECTIONS IN GARUDA PILOT CASE
Yogyakata, Sept 8 (ANTARA) - The panel of judges denied here on Monday all objections to charges on defendant pilot Marwoto Komar conveyed by the defendant and his lawyers in the case of March 7 2007 Garuda GA 200 plane crash that claimed lives in Yogykarta.
"The defendant's statement that the incident was not a deliberate action and therefore not a negligence has to be proven in the court," chief judge Sri Andini said at a session at the district court of Sleman.
Regarding the defendant's lawyers' objection to the formulation of the charges which they thought was unclear, the judges said that it had all been done according to the rules and therefore it was all right.
"The choice and quotation of articles namely alternative and commutative articles and not of the aviation law have also been correct and it was not regulated that the use of the aviation law would replace the criminal code," she said.
She said there was no special treatment for a pilot because all citizens were equal before the law.
"The district court of Sleman also has an authority to examine the case because other aviation courts only deal with administrative matters and the sanctions that they give are also only administrative," she said.
Based upon the views the panel of judges decided to reject all the objections from the defendant as well as his lawyers.
"The judges also decided to continue the case with examination of the defendant and witnesses," she said.
The court was adjourned until September 15 to hear witnesses from the public prosecutors.
In response to the court's decision chief lawyer Muhammad Assegaf said he would appeal.
"We did not agree with the judges especially on his statement that the aviation law will not replace the criminal code," he said adding "although it is not regulated the case should be dealt with the aviation law and not the criminal code."
"The defendant's statement that the incident was not a deliberate action and therefore not a negligence has to be proven in the court," chief judge Sri Andini said at a session at the district court of Sleman.
Regarding the defendant's lawyers' objection to the formulation of the charges which they thought was unclear, the judges said that it had all been done according to the rules and therefore it was all right.
"The choice and quotation of articles namely alternative and commutative articles and not of the aviation law have also been correct and it was not regulated that the use of the aviation law would replace the criminal code," she said.
She said there was no special treatment for a pilot because all citizens were equal before the law.
"The district court of Sleman also has an authority to examine the case because other aviation courts only deal with administrative matters and the sanctions that they give are also only administrative," she said.
Based upon the views the panel of judges decided to reject all the objections from the defendant as well as his lawyers.
"The judges also decided to continue the case with examination of the defendant and witnesses," she said.
The court was adjourned until September 15 to hear witnesses from the public prosecutors.
In response to the court's decision chief lawyer Muhammad Assegaf said he would appeal.
"We did not agree with the judges especially on his statement that the aviation law will not replace the criminal code," he said adding "although it is not regulated the case should be dealt with the aviation law and not the criminal code."
