Prosecutor Demands Three Months For Australian Boy

Denpasar (Antara Bali) - The public prosecutor in the Denpasar District Court trial of an Australian boy accused of  drug possession  has demanded a three-month jail sentence for the 14-year-old.

The prosecutor, I Gusti Putu Gede Atmaja, said in a closed door session,  he made the demand because the boy, identified by his initials as LM,  had been in illegal possession of marijuana although he was under rehabilitation.

"The demand is made because the defendant had no permit. An extenuating circumstance in his case is  that he is still a child," he said.

The demand was made based on Article 127 of Law Number 35 of 2009 on narcotic drugs.

In response to the demand, the defendant through his lawyer, immediately submitted a defense statement. The session was adjourned until November 25 to hear the verdict.

Mochammad Rifan, the lawyer, said he objected to the prosecutor's demand because it was based on Article 127 instead of Article 128 as the defendant had expected which requires an acquittal or submission to his parents.

"We object to it because it is based on Article 127 while we think that most of the evidence and witnesses supported the application of Article 128," he said.

Rifan said in his defense he focused on the application of Article 128 so that the defendant could be returned to his parents and undergo rehabilitation.

"I hope the panel of judges will give a just verdict later," he said.

LM was caught at around 3pm on October 4, 2011 on Jalan Padma, Kuta, carrying 6.9 gross or 3.6 net marijuana in his pocket.

During police questioning he said that he bought the stuff from someone he did not know.(*)