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Four defendants in Mimika murder and mutilation receive different sentences

Tabloid Jubi - June 7, 2023

Timika, Jubi – On Tuesday, June 6, 2023, the Timika City District Court conducted a hearing to read the verdicts of four civilians accused of murdering and mutilating four Nduga residents in Mimika Regency. Each of the defendants received different prison terms.

The four defendants are Roy Marten Howay, Andre Pudjianto Lee, Dul Umam, and Rafles Lakasa. The case is presided over by chief judge Putu Mahendra with member judges M Khusnul F Zainal and Riyan Ardy Pratama.

The murder and mutilation took place in Settlement Unit 1, Mimika Baru District, Mimika Regency on August 22, 2022. The victims were Arnold Lokbere, Irian Nirigi, Lemaniel Nirigi, and Atis Tini.

The panel of judges found all four defendants guilty of committing premeditated murder together, in accordance with Article 340 in conjunction with Article 55 paragraph (1) of the Criminal Code, which constituted the first primary charge and the second individual charge brought by the prosecutor.

Nevertheless, the panel of judges issued varying prison sentences for the four of them. Roy Marten Howay, Andre Pudjianto Lee, and Dul Umam were sentenced to life imprisonment. On the other hand, Rafles Lakasa received a sentence of 18 years in prison, with a reduction for time already served in detention.

Lakasa's sentence was relatively lighter because the panel of judges considered his level of guilt and expressed remorse for the crime. Lakasa has also offered his apologies to the families of the victims.

The panel of judges acknowledged that the four defendants were responsible for the loss of four lives and inflicted deep emotional wounds upon the victims' families. Furthermore, the panel noted that the defendants' actions had caused widespread unrest and disrupted the peace and security of Timika City.

Based on the evidence presented, the panel of judges found the defendants guilty of participating in premeditated murder and engaging in arson. Consequently, the defendants were ordered to remain in custody.

Upon concluding the verdict, the panel of judges granted the defendants a seven-day window to file an appeal. The defendants' legal representatives expressed their intention to consider the possibility of submitting an appeal.

Following the trial, Gustaf Kawer, an advocate representing the victim's family from the Papua Law Enforcement and Human Rights Coalition, expressed satisfaction with the comprehensive decision made by the Court regarding the murder and mutilation case. Kawer stated that the court's decision aligned with the charges and the evidence presented during the trial.

"The testimonies of witnesses, the results of autopsies and visual examinations, expert testimonies, and other evidence all converge. These testimonies establish the involvement of the defendants in the planning, execution, and disposal of the victims' bodies into the river, as well as burning of vehicles, and the distribution of money," Kawer said.

He further stated that the family also accepted the panel of judges' verdict, including the verdict on Rafles Lakasa. "Regarding Lakasa, we believe that the judge's considerations and subsequent verdict are also satisfactory, given his actions," he added.

Kawer expressed gratitude towards all parties involved in the trial. He hoped neither the prosecution nor the defense would appeal the verdict.

"That is the best possible outcome. Both sides should simply accept it, as they should empathize with the victim's family," Kawer stated.

Jhon Pasaribu, the legal representative for defendant Rafles Lakasa, mentioned that Lakasa's admission of guilt and apology to the victim's family played a role in mitigating his sentence. Pasaribu left the decision of whether or not to appeal to Lakasa.

"I cannot impose it. Ultimately, it is up to the defendant to decide [whether to appeal or not]," Jhon explained to Jubi.

Military court verdict

The Mimika murder and mutilation case garnered significant public attention due to the involvement of six soldiers from the Raider 20/Ima Jaya Keramo Infantry Brigade. Each soldier was tried separately, with three of them facing trial at the Surabaya High Military Court III and the other three at the Jayapura Military Court III-19.

The leader, Maj. Inf Helmanto Fransiskus Dakhi, whose case was tried at the Surabaya High Military Court III. was found guilty of premeditated murder on January 24, 2023. As a result, he was sentenced to life imprisonment and discharged from the Army.

The remaining five soldiers are Capt. Inf Dominggus Kainama (who passed away on December 24, 2022 due to heart disease), First Pvt. Rahmat Amin Sese, First Pvt. Rizky Oktaf Muliawan, First Pvt. Robertus Putra Clinsman, and Chief Pvt. Pargo Rumbouw.

On February 16, 2023, the Jayapura Military Court III-19 found the four soldiers guilty of premeditated murder. Sese and Muliawan were sentenced to life, while Clinsman received a 20-year prison sentence and Rumbouw a 15-years prison sentence. All four were also dismissed from the Army.

However, Maj. Inf Helmanto Fransiskus Dakhi appealed the verdict. On April 12, 2023, the Appellate Panel of Judges at the Surabaya High Military Court III overturned the decision made by the previous panel.

The Appellate Panel of Judges determined that Dakhi was only proven guilty of participating in murder in connection with a criminal act intended to facilitate the acquisition of unlawfully obtained goods. As a result, his sentence was reduced from life imprisonment to 15 years in prison and dismissal from the Army. (*)

Source: https://en.jubi.id/four-defendants-in-mimika-murder-and-mutilation-receive-different-sentences