The memorandum of appeal for Neil Bantleman was filed on Wednesday April 29th to the High Court. The appeal for Ferdinant Tjiong has not yet been filed.
WALL STREET JOURNAL
Week in Review
Author Chris Crutcher writes a response to the reply to his Open Letter to Canadian Prime Minister Stephen Harper
He writes “I know that relations between countries are complex and that in the best of circumstances diplomacy rules. But I’ve been in contact with a human rights/international law professor from Tufts University who worked a significant number of years with Amnesty International and the one thing that dumbfounded him was the silence of the Harper Administration. In fact I’ve heard that from professionals again and again. “The Canadian government is strangely silent.” Some chalk it up to the administration being “conservative” but for the life of me I do not see how this is a conservative or liberal issue. Justice and decency are neither liberal nor conservative.”
*The full text of his response can be found on the Free Neil Bantleman and Ferdinant Tjiong Facebook Page. https://www.facebook.com/groups/1510822339131020/permalink/1613247548888498/
News from Jakarta
JIS Case: Invalid and Withheld Evidence from Medical Examination Reports http://news.okezone.com/read/2015/04/28/338/1140983/bukti-visum-kasus-jis-tidak-valid
JAKARTA, April 27, 2015. The civil suit trial against the Jakarta Intercultural School (JIS) worth US$125 million, or approximately Rp 1.6 trillion, which is still in progress, raises new irregularities. TPW, the plaintiff and the parent of MAK – a former kindergarten student at JIS who was allegedly a victim of sodomy – used medical information with inadequate understanding and inaccurately cited those findings to support her claim of sodomy against her child.
In the criminal case against the ISS cleaners at JIS, TPW cited a positive test for the virus that causes genital herpes, herpes simplex virus 2 (HSV-2). That test, done in March 2014, was positive for IgM antibodies against HSV-2, but negative for IgG antibodies against HSV-2. Professor Kevin Baird of Oxford University testified that the IgM test was very unreliable and did not prove that MAK was infected by HSV-2. Professor Baird further explained that a follow up examination for IgG would be required to know if MAK actually had herpes or not. Such an examination was not then known to have taken place.
However, when attorneys representing TPW in the civil case filed documents in support of their claim against JIS, they included a medical laboratory report from Bhayankara Hospital dated 16 July 2014 that showed MAK was again negative for HSV-2 IgG and then only borderline positive for IgM. According to Prof. Baird, that second IgG negative four months after the first test proves that MAK was not infected by HSV-2. On April 7, 2015, he testified in the JIS civil trial, “MAK does not have genital herpes or any other sexually transmitted infection,” citing that Bhayankara laboratory report as proof of this statement. Prof. Baird said, “The two laboratory reports from March and July leave no doubt concerning MAK and genital herpes – he was not infected by HSV-2. That is a verifiable fact, not an opinion.”
Forensic Expert Dr. Ferryal Basbeth stated that the final results used as evidence in the court proved that this case was engineered from the start. When referring to the results of the medical examinations, the results of the examinations at SOS Medika, Pondok Indah Hospital (RSPI) and the State Police Hospital (RS Polri), it must be concluded that the condition of MAK’s anus was still normal.
Dr. Ferryal asserted that MAK’s rectal examination procedures were also questionable. The child should have been anesthetized during the anal examination. The goal is to maximize the thoroughness of the examination, while anticipating that the child would not be able to withstand the pain. The examination should have included anesthesia and an anoscopic procedure that should have been conducted in the operating room, not the emergency room, so that the results could determine whether or not there were any detectable sexually transmitted diseases or trauma.
When referring to the results of Dr. Lutfi’s examination from RSPI, it is clear that the medical examination report for MAK was not yet complete. Therefore, the results cannot be concluded from the current findings in depth. Pus was found inside the anus of the child. “When Dr. Lutfi prescribed the drug Flagyl, this was to counter the effects of a common infection by an amoeba, and not a sexually transmitted bacteria like gonorrhea or chlamydia. The pus in the anus of MAK had an innocent origin, not sinister, which means the pus was caused by bacteria. If the conditions were caused by traumatic sodomy, then it would have also resulted in a torn anus. The fact is that all of the medical examination reports stated that the condition of his anus was normal. If the anus was torn, then the healing process would have taken a week or two. If a child is sodomized by an adult, however, his anus would definitely be torn (and evident for a much longer period of time),” said Dr. Ferryal.
With reference to the allegations of events during the period of December 2013-March 2014, the victim’s anus should have shown signs of being torn or damaged. Moreover, if the perpetrator of sodomy had herpes (HSV-2), the victim of sodomy would definitely have been infected.
Prof. Baird also supports Dr. Lutfi from RSPI. “Herpes does not cause pus and MAK was not diagnosed with herpes at that time, nor was he treated for it. Dr. Lutfi’s prescription of Flagyl points to a presumptive or clinical diagnosis of an amoeba causing the proctitis.” Prof. Baird testified in the civil case that Dr. Lutfi’s diagnosis appears to have been correct because when MAK returned to the clinic some days later, the proctitis was described as gone and the anus fully normal and healthy. He explained, “The Flagyl appears to have cured MAK of the proctitis. Had that been caused by herpes, gonorrhea or chlamydia, the recovery would not have occurred.”
Prof. Baird added, “The improper understanding or honest reporting of laboratory tests in this affair has caused a tremendous amount of tragic damage to innocent lives. Everyone involved should consider what the objective forensic laboratory evidence here says rather clearly – what has been presented as the sole direct evidence of MAK having been sexually assaulted at all does not actually exist. The presumption of genital herpes in MAK is an error. It is not there.”