Sept. 6
CYPRUS:
Constitutional changes over death penalty part of House shake-up
Plenary sessions of the parliament will be moved from Thursday afternoons to
Friday mornings, House president Demetris Syllouris announced on Monday after a
meeting with party leaders.
Syllouris said Monday's meeting was the 1st with party heads to mark the new
parliamentary term. Elections were held in May.
"We discussed many issues, some of which will continue at the next meeting," he
said.
One of the first items on the new plenum's agenda this Friday would be a
discussion on the removal of a provision for the death penalty that remains in
the constitution even though Cyprus abolished it by law in 1983 for murder
cases and in 2002 for all other offences.
Article 7 states: "No person shall be deprived of his life except in the
execution of a sentence of a competent court following his conviction of an
offence for which this penalty is provided by law. A law may provide for such
penalty only in cases of premeditated murder, high treason, piracy jure gentium
and capital offences under military law."
Cyprus is a signatory of the second optional protocol of the International
Covenant on Civil and Political Rights which provides for full abolition of
capital punishment, even though it registered reservations at the time about
abolishing execution for grave crimes in times of war.
The last 2 executions by hanging were carried out in June 1962 for murder.
British executioner Harry Allen - well known during the EOKA years - along with
John Underhill came to Cyprus to carry out the executions.
Syllouris said the fact the provision remained in the constitution gives
lawmakers the power to vote again on reinstating the death penalty and that is
why it needs to be removed.
"This morning I spoke with the president and the attorney-general and briefed
the party leaders and I will go to speak with the minister of justice in order
to change the constitution because our laws abolished the death penalty," he
said.
He said the issue would be discussed at the Friday, September 9 plenary.
Syllouris also said he had told the party leaders that he would be appointing
an informal legal council attached to the parliament "composed of 3 eminent
lawyers, unpaid and of recognised standing" as advisers to the body.
On his reorganisation of the House workings, Syllouris said he had given out a
new parliamentary committee programme to deputies so that if they were members
of two or more committees, the schedules would not overlap.
Party leaders' meetings would from now on also not take place immediately prior
to the plenum as has been the practice up until now. "This caused delays to the
start of the plenary and put pressure on discussion of the issues themselves,"
he said.
Syllouris said that with his suggestions, parliament could double the amount of
work it does. He also plans to find ways to make speech time more efficient
during plenary sessions.
He said this would involve planning ahead and not deciding at the last minute
how much time should be given to what topic or what speaker.
"They will know in advance the time limits for each party and MP," he said.
(source: Cyprus Mail)
PHILIPPINES:
The Supreme Court and the Duterte presidency
President Rody Duterte will be in office as head of state and head of
government from 2016 to June 30, 2022, or for a period of 6 years. Within that
span of time, 12 out of the 15 justices in the Supreme Court shall retire.
Thus, the president shall have the opportunity to appoint no less than 12
members of the highest court of the land.
That is a tremendous opportunity to fill up the Supreme Court with judges,
prosecutors and lawyers who share the president's paradigm and perspectives on
law and public policy. And so, even after he shall have left the presidency,
the Duterte legal philosophies shall continue to animate the High Court. And
that is tremendous power and influence.
When we say Duterte legal philosophies, we mean the legal perspectives that
favor death penalty, that is unforgiving and unforgiving when it comes to drug
offenders, and drug-related murders, rapes, robberies, kidnapping, arson and
other heinous crimes against persons, against properties and against humanity.
The president will most probably appoint legal luminaries who are not hesitant
to impose the capital punishment (once death penalty is reinstated in our penal
code), and those prosecutors who have records of passionate drives against
crimes and corruptions. Mindanao lawyers and San Beda law graduates will have
better chances to be appointed to the highest court.
12 justices are retiring compulsorily upon reaching their respective 70th
birthday. This year alone, 2 justices are retiring, namely: Jose Perez on 14th
of December and Arturo Brion on December 29. 2 justices will retire in 2017,
namely: Bienvenido Reyes on July 6 and Jose Mendoza on August 8 next year.
Another 2 justices will reach 70 years in 2018, Presbitero Velasco Jr on August
8 and Tresita de Castro on October 8. In 2019, 4 justices shall go: Mariano del
Castillo on July 29, Francis Jardeleza on September 26, Lucas Bersamin on
October 18 and Antomio Carpio on October 26, 2019.
The last 2 to retire during the Duterte presidency are Diosdado Peralta, (my
neighbor like Justice Bersamin) on March 27 and Estela Bernabe on May 14, both
in 2022, a few days before Duterte leaves office by June 30, 2022. This means
that only 3 of the 15 incumbents today shall remain in the High Court after the
Duterte presidency. They are Chief Justice Ma Lourdes Sereno, Justices Marvic
Leonen and Alfredo Caguioa. These 3 are all appointees of President Aquino III.
And so, from 2016 to 2022, 12 new justices shall be appointed by President
Duterte.
Freeman ( Article MRec ), pagematch: 1, sectionmatch:
With both the Senate and the House as Duterte allies, he will have complete
control of the government.
Not even President Aquino III has had this vast opportunity, not even Gloria
Arroyo in her 10 years in office. Thus, we shall have a Supreme Court that will
be pro-poor, pro-labor, and pro-social legislation. We will have a High Court
that shall be unforgiving when it comes to criminals but compassionate to
victims of social injustice. We shall have a Supreme Court that shall
discipline judges who delay in hearing and deciding cases, those who make money
out of the dispensation of justice.
The Court with Duterte appointees shall not hesitate to dismiss the corrupt,
the inept, and the incompetent members of the bench. Even lawyers shall be
compelled to remain faithful to the Code of Ethics of the Judiciary.
(source: Attorney Josephus Jimenez, The Freeman)
INDONESIA:
Mirna shows no sign of cyanide poisoning: Expert
The courtroom drama over the premeditated murder of Wayan Mirna Salihin
implicating Jessica Kumala Wongso has taken an unexpected turn as an expert
witness with the defense team delivered a contrasting testimony saying that
Mirna had not shown any indications of cyanide poisoning.
Beng Beng Ong, an expert in pathology from the University of Queensland, told
the court on Monday that the clinical symptoms of cyanide poisoning, including
nausea, respiratory difficulties and seizures, would arise roughly 30 minutes
after the consumption of cyanide, suggesting that this did not fit with the
prosecution's claim that Mirna fell unconscious just few minutes after she took
a sip of supposedly cyanide-laced iced coffee.
In a courtroom packed with reporters and spectators and aired by private
television stations, the Australian expert implied that there was no solid
proof that Mirna's was killed by sodium cyanide found in her stomach, a claim
that is a fundamental part of the prosecution's case.
"As the symptoms appeared faster than they should have, I do not suspect that
it was cyanide. I will even consider other causes including natural diseases,'
Beng said at the Central Jakarta District Court.
Jessica has been charged with the murder of Mirna by lacing the Vietnamese iced
coffee she ordered for Mirna with cyanide.
The permanent resident of Australia is being charged under Article 340 of the
Criminal Code (KUHP) on premeditated murder. She could face the death penalty
if found guilty.
Mirna died on Jan. 6 after taking a sip from a Vietnamese iced coffee ordered
by Jessica at a gathering that was arranged by the defendant at a cafe in
Central Jakarta.
From the first day of investigation, the police seemed certain that Jessica had
deliberately poured sodium cyanide into the iced coffee. However, no direct
witnesses have ever been able to confirm the accusation.
From July 12, prosecutors have presented Mirna's relatives, employees of the
cafe, law experts, doctors, toxicologists, digital forensics experts and
psychologists before the court, certain that their combined testimony would
close any path to freedom for Jessica.
During the trial, the court was told by a forensics doctor presented by the
prosecution that Mirna's death was caused by cyanide poisoning.
Slamet from the Bhayangkara National Police Hospital said Mirna seemed to be
"waggling" her hands after sipping the coffee as the cyanide cause a burning
sensation on the tongue.
Based on a toxicology report, 297.6 milligrams of sodium cyanide was consumed
by Mirna. It is thought that 171.4 milligrams constitutes a lethal dose for
someone of Mirna's weight.
This conclusion was labeled weak and unreliable by the defense team as no
autopsy was in fact carried out on Mirna's body.
With the help of a translator besides him, Ong said on Monday that because no
autopsy had been performed by the forensics team, it was impossible for anyone
to confirm the cause of death. He said, therefore, that a death by natural
causes could not be ruled out from the case.
Otto Hasibuan, the leader of Jessica's defense team, asked Ong to elaborate on
his expert testimony and how he had arrived at a conflicting conclusion from
previous experts.
"Are there facts that can support your conclusion?" Otto asked his expert
witness.
Ong, who received the murder case dossiers from the defense team, said that 0.2
milligrams of cyanide was an unusual amount to be a cause of death.
Based on his experiences, he continued, if a person died from ingesting
cyanide, the level of cyanide in the stomach would usually be very high.
"No postmortem autopsy was performed. A low level of cyanide in the stomach. My
conclusion is the cause of death cannot be ascertained," Beng said.
(source: The Jakarta Post)
***********************
Duterte on Mary Jane: I am ready to accept Indonesia's decision----President
Rodrigo Duterte says he will ask for mercy for a Filipina on death row in
Indonesia, but will respect what President Joko Widodo decides.
Philippine President Rodrigo Duterte is set to visit Indonesia for his 1st
state visit, where he said he plans to ask his Indonesian counterpart for
mercy, for a Filipina on death row there.
If it doesn't work however, he says he is "ready to accept it."
On Monday, September 5, Duterte was asked about his approach to the case of
Mary Jane Veloso, a single mother of 2 from the Philippines, who has been
sentenced to death in Indonesia for allegedly smuggling drugs into the country.
Veloso has maintained her innocence, insisting she was an unknowing drug mule.
"Well, I may just have to ask (Indonesian President Joko) Widodo in a most
respectful and in very, very courteous way. And if my pleadings will fall on
deaf ears, I am ready to accept it ??? for the simple reason I do not doubt the
judicial system of Indonesia," he said.
"I have been there once upon a time, and I was able to observe how it works.
Whether or not she is really guilty, she's bound to be culpable liability. So,
I might just accept the system and plead for mercy."
He added, "But if President Widodo will deny it, still I would be grateful that
she has been treated very well."
The President also said he respects the laws of Indonesia, the same way he
expects Philippine laws to be respected.
"For after all, we have our laws to follow and had it been any other... or the
other way around, I might also be at the receiving end of so many pleas for
mercy - and I would never know what or how to react."
Duterte has consistently slammed other western countries like the United States
as well as international organizations like the United Nations, for
"interfering" with Philippine affairs, after they have expressed concern over
the rise of extrajudicial killings in the country since Duterte came into
power.
The killings are said to be related to Duterte's intensified war against drugs.
Plea for help
Duterte's statement comes 4 days after Veloso appealed to Duterte for help in
"getting justice."
"I've been suffering for so long here in Indonesia, suffering even though I am
innocent. You are my only hope," she said in an audio recording.
Mary Jane said in Filipino that she is "ready to be executed" but is "hurt by
the fact that she's innocent" and that "she has children who are still very
young."
"I've been in Indonesia for almost 7 years now and I still haven't been given
justice. That's all I ask from you - give me justice."
Duterte is set to visit Indonesia, the most populous country in Southeast Asia,
from September 8 to 9.
Irregularities
Mary Jane Veloso, 31, was arrested in 2010 for allegedly smuggling into the
country, 2.6 kilograms of heroin through the lining of her suitcase. Veloso,
who hails from Nueva Ecija, had flown to Malaysia with the intention of
securing a job as a domestic helper.
She claimed that her recruiter, Maria Kristina Sergio, had duped her into
flying to Indonesia and that the suitcase was given to her by Sergio. Veloso
was given a last-minute reprieve last year after Sergio surrendered to
authorities.
Indonesia has said it would wait for Sergio's trial to conclude in the
Philippines before acting on Veloso's case but emphasized she reamins on death
row.
Human rights activists have constantly pointed out that Veloso was not given a
fair trial, while other rights groups like Amnesty International "has
documented systemic flaws in Indonesia???s criminal justice system and its
implementation of the death penalty."
Both the administrations of Indonesia and the Philippines are waging a war on
drugs in their respective countries, but have faced criticism from the
international community for their approaches.
(source: rappler.com)
************************
Mirna shows no sign of cyanide poisoning: Expert
The courtroom drama over the premeditated murder of Wayan Mirna Salihin
implicating Jessica Kumala Wongso has taken an unexpected turn as an expert
witness with the defense team delivered a contrasting testimony saying that
Mirna had not shown any indications of cyanide poisoning.
Beng Beng Ong, an expert in pathology from the University of Queensland, told
the court on Monday that the clinical symptoms of cyanide poisoning, including
nausea, respiratory difficulties and seizures, would arise roughly 30 minutes
after the consumption of cyanide, suggesting that this did not fit with the
prosecution's claim that Mirna fell unconscious just few minutes after she took
a sip of supposedly cyanide-laced iced coffee.
In a courtroom packed with reporters and spectators and aired by private
television stations, the Australian expert implied that there was no solid
proof that Mirna's was killed by sodium cyanide found in her stomach, a claim
that is a fundamental part of the prosecution's case.
"As the symptoms appeared faster than they should have, I do not suspect that
it was cyanide. I will even consider other causes including natural diseases,"
Beng said at the Central Jakarta District Court.
Jessica has been charged with the murder of Mirna by lacing the Vietnamese iced
coffee she ordered for Mirna with cyanide.
The permanent resident of Australia is being charged under Article 340 of the
Criminal Code (KUHP) on premeditated murder. She could face the death penalty
if found guilty.
Mirna died on Jan. 6 after taking a sip from a Vietnamese iced coffee ordered
by Jessica at a gathering that was arranged by the defendant at a cafe in
Central Jakarta.
From the first day of investigation, the police seemed certain that Jessica had
deliberately poured sodium cyanide into the iced coffee. However, no direct
witnesses have ever been able to confirm the accusation.
From July 12, prosecutors have presented Mirna's relatives, employees of the
cafe, law experts, doctors, toxicologists, digital forensics experts and
psychologists before the court, certain that their combined testimony would
close any path to freedom for Jessica.
During the trial, the court was told by a forensics doctor presented by the
prosecution that Mirna's death was caused by cyanide poisoning.
Slamet from the Bhayangkara National Police Hospital said Mirna seemed to be
"waggling" her hands after sipping the coffee as the cyanide cause a burning
sensation on the tongue.
Based on a toxicology report, 297.6 milligrams of sodium cyanide was consumed
by Mirna. It is thought that 171.4 milligrams constitutes a lethal dose for
someone of Mirna???s weight.
This conclusion was labeled weak and unreliable by the defense team as no
autopsy was in fact carried out on Mirna's body.
With the help of a translator besides him, Ong said on Monday that because no
autopsy had been performed by the forensics team, it was impossible for anyone
to confirm the cause of death. He said, therefore, that a death by natural
causes could not be ruled out from the case.
Otto Hasibuan, the leader of Jessica's defense team, asked Ong to elaborate on
his expert testimony and how he had arrived at a conflicting conclusion from
previous experts.
"Are there facts that can support your conclusion?" Otto asked his expert
witness.
Ong, who received the murder case dossiers from the defense team, said that 0.2
milligrams of cyanide was an unusual amount to be a cause of death.
Based on his experiences, he continued, if a person died from ingesting
cyanide, the level of cyanide in the stomach would usually be very high.
"No postmortem autopsy was performed. A low level of cyanide in the stomach. My
conclusion is the cause of death cannot be ascertained," Beng said.
(source: The Jakarta Post)
MALAYSIA:
Killing girlfriend: Trial of Indonesian starts
The trial of a 32-year-old foreigner charged with the murder of his girlfriend
in Kundasang, Ranau began at the High Court here, Monday.
Indonesian Menase Ladang is accused of murdering one Hamidah Laka, 29, at
1.30pm on Oct 20, 2014 at a vegetable farm in Mesilou.
Deputy Public Prosecutor (DPP) Gan Peng Kun in tendering the opening address
told Judge Datuk Nurchaya Haji Arshad that the prosecution would prove by
direct and circumstantial evidence that it was Menase who caused the death of
Hamidah and that he had intended to cause such death.
Gan said the prosecution would lead evidence that on Oct 24, 2014, 2 men, Lukas
Ladang and Kanisius Subang, who were working on their farm at Kg Mesilou, heard
a female voice shouting for help and went towards its direction and found a
woman crawling there.
Lukas recognised the woman as Hamidah and noticed that she had suffered
injuries on her lips but did not notice any other injury on her.
He asked Hamidah why she was injured and she replied that Menase had stabbed
her and run off towards a hill there.
Lukas asked Kanisius to help Hamidah while he went after Menase but to no
avail.
Kanisius asked Hamidah who had stabbed her and she again said it was Menase.
Hamisah was then sent to Ranau Hospital where she succumbed to her injuries.
DPP Gan told the court that further evidence will also be adduced that at
2.40pm on the same day, a farm worker one Marwan Ali, managed to stop Menase
from fleeing in a vehicle and brought him to the quarters of one Mince Samuel.
Further evidence will also be adduced that Menase led the police to discover
the murder weapon, a machete, from his quarters, said Gan.
A DNA analysis showed that the swab taken from the hilt of the machete
contained a mixture of DNA and that DNA belonging to Menase was one of the
contributors of the DNA profile, said Gan.
He added that the pathologist who conducted a post mortem on Hamidah's body
concluded that Hamidah's cause of death was hypovolemic shock due to stab
wounds on the chest.
The prosecution would be calling 15 witnesses in the trial.
Menase, represented by counsel Mohd Syahirulrazi Mohd Jaini, is facing the
death penalty if found guilty under Section 302 of the Penal Code.
(source: dailyexpress.com.my)
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