Update: New evidence may benefit Neil Bantleman and Ferdinant Tjiong* May 17TH 2015
- The appeal for Ferdinant Tjiong was filed on Friday May 8th.
- Additional medical lab results, unavailable to the defense in cleaner’s case, prove boy does not have herpes. “New evidence in a civil case against JIS adds reason to believe the judges wrongly convicted six cleaning staff” Reformasi Weekly
- Police to perform autopsy on Azwar’s corpse. Azwar is the cleaner who died during police interrogation, the police say he committed suicide but witnesses say he was tortured.
- *Plaintiff in JIS civil case presents bogus letter from yet another hospital (translated article from Jakarta is below the Reformasi article)
News from Jakarta
Bogus Letter Used by Plaintiff in JIS Civil Case
Translated article below
JAKARTA – A new and surprising finding has emerged in the civil case of alleged sexual abuse inflicted on a former Jakarta International School (JIS) kindergartner by the school’s cleaning staff, which continues to be tried at the South Jakarta District Court.
A letter by Doctor Tony from the Amanda Hospital in Bekasi, which stated that MAK suffered acute HSV-2, was apparently written without the hospital’s knowledge. The bogus letter was first discovered when the JIS legal team noticed that it did not feature a date, an issue number and the official stamp from the hospital.
The letter also did not list Doctor Tony’s practice license number (NIP). In a previous hearing, the JIS legal team had also questioned why the plaintiff went to a hospital far in Bekasi when the plaintiff lived in Pondok Indah and could have easily obtained a doctor’s letter nearby.
Doctor Tony’s statement that MAK suffered acute genital herpes was based on his conclusion after examining the laboratory results from the SOS Medika Klinik, Bhayangkara Hospital and Pondok Indah Hospital.
“In light of the oddity surrounding Doctor Tony’s letter presented by the plaintiff as evidence, we had decided to perform correspondence with the management of the Amanda Hospital in Bekasi,” said Harry Ponto, Wednesday (5/13/2015).
A response letter from the hospital had been presented as additional evidence during a hearing on April 28, 2015. In the letter, the hospital stated that the letter issued by Doctor Tony was not official. It added that hospital procedures prohibit its doctors from issuing a statement or conclusion based on laboratory results that do not originate from the Amanda Hospital.
“The letter in question was not in our record of incoming and outgoing mail. Therefore, it is not in our files,” said Harry Ponto, upon reading aloud a letter from the hospital.
Elsewhere, a hearing in the lawsuit against JIS filed by parents of MAK in pursuit of US$125 million or approximately Rp 1.6 trillion saw the bogus letter from Doctor Tony surrendered to forensics specialist, Doctor Ferryal Basbeth. This was done to analyze the laboratory results referred to in the letter.
Upon reading the letter, Doctor Ferryal spontaneously questioned why it did not feature a date and Doctor Tony’s employee identification number (NIP).
“The doctor was overly reckless because he did not list his NIP at the hospital, when all permanent doctors at the hospital are required to do so when examining forensics results. Failure to do so is a violation of the ethics code.”
MAK’s mother, TPW, had filed a lawsuit for 125 million USD (Rp 1.6 trillion) using the letter, which stated that her child was infected with genital herpes as a result of repeated sodomy. Other than the letter, there is no other medical evidence strongly suggesting that the child suffered injuries on his anus.
Nonetheless, an examination performed by Doctor Lutfi from the Pondok Indah Hospital found pus inside the child’s anus. However, according to Doctor Ferryal, it is clear that the forensic examination on the boy was incomplete; thereby results from such findings cannot be concluded as comprehensive.
Based on Doctor Lutfi’s statement in court, the pus found in the victim’s anus or rectum was not caused by the Herpes Genitalis (HSV-2) virus, but rather bacteria. The virus is incapable of creating the pus.
Doctor Lutfi had treated the victim with Flagyl to remove the pus. Based on his examination of the boy, the doctor diagnosed that he suffered proctitis and not a sexually-transmitted disease, which the mother claimed.
“If such condition was caused by repeated sodomy, there would have been a tear in the victim’s anus. However, all forensic results indicate a normal condition of the anus. If a child was sodomized by an adult, then there would definitely a tear in the anus,” underlined Doctor Ferryal.