Jakarta –
Former Kadiv Propam Polri Freddy Sambo and Putri Candrawathi refused to testify against each other at the trial for the murder of Brigadier Yosua Hutabarat. Ferdy Sambo said he didn’t need to be a witness for his wife.
Initially, Chief Justice Wahyu Iman Santoso said that in the upcoming trial Sambo would testify for Putri Candrawathi. The judge also asked if Sambo would step down. The judge asked Sambo to consult legal counsel first.
“The defendant’s brother in this case is a witness in his wife’s case. Is he planning to resign or make a statement? Please consult because you will be testifying with each other,” Judge Wahyu said during a hearing in South Jakarta District Court, Tuesday (3/1/2023).
After consulting with legal counsel, Sambo declined to give testimony as a witness for Putri. Sambo said he didn’t need to be a witness for his wife.
“I don’t need to be a witness for my wife,” Sambo said.
The judge said that Ferdy Sambo had the right to resign as a witness and was governed by the Criminal Procedure Code. However, the judge said, his party had yet to ask the defendants directly.
“So in effect the Code of Criminal Procedure states that you have the right to withdraw, but in this process we have to question you,” the judge said.
The judge also asked Putri. The judge asked if Putri would also resign to testify at the sambo trial. Putri admitted that she did not want to testify as a witness for her husband at the trial in the Yosua murder case
“The defendant in this case is a witness in your husband’s case, are you planning to resign or make a statement? Please consult,” Judge Wahyu said.
“I don’t want to give information,” replied the Princess.
The legal basis for the refusal as a witness by the wife or husband is contained in art Article 168 of the Criminal Procedure Code. Referring to the article, there are three categories of parties whose testimony cannot be heard in court and who can withdraw as witnesses as follows:
unless otherwise stipulated in this law, testimony may not be heard and may retire as a witness
a. blood relatives or related in a direct line up to the third degree of the accused or, who are together with the accused,
b. relatives of the accused or in communion with the accused, relatives of the mother or father, even those who are related by marriage and children of relatives of the accused up to the third degree.
c. the husband or wife of the defendant even if divorced or cohabiting.
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(whn/zap)
