Gaga Muhammad's Mother and Legal Counsel Submit an Appeal with a 44-Page Memo, Here are the Key Points

Kapanlagi.com - Gaung Sabda Alam Muhammad, also known as Gaga Muhammad, legal counsel Fahmi Bachmid visited the East Jakarta District Court on Tuesday (8/2). Along with Gaga Muhammad's mother, Janariyah, Fahmi came to submit an appeal memo against the unfair 4.5-year prison sentence in his client's accident case.

"The legal counsel for Gaga Muhammad has already submitted it to the Clerk's Office and I have conveyed it. And this is the date that the appeal memo was officially received. What issues are included in the 44-page memo?" said Fahmi Bachmid at the East Jakarta District Court on Tuesday (8/2).

1. Related to the Cause of the Late Laura Anna's Paralysis

In this appeal, Fahmi explained that there are eight points raised by Gaga Muhammad. The first one is related to the cause of the late Laura Anna's paralysis.

"I only provided the illustration, the essence is that there are 8 reasons for the appeal. The first reason is that there is an error in concluding that Laura Anna became paralyzed on December 8, 2019. The first reason is that there is an error in assuming that Laura became paralyzed on December 8, when in fact it is not like that," said Fahmi.

"The second reason is that there is an error in seeing the paralysis as a result of Gaga Muhammad's actions, yes, Gaga Muhammad was negligent. But causing paralysis has not been proven in this trial," continued Fahmi.

2. There is Unverified Evidence in the Trial

Then the third reason, Fahmi mentioned the existence of evidence in the trial that was used as a basis for considering and deciding on a 4 years and 6 months prison sentence. Then the fourth reason is about evidence and facts that are far from the truth.

"The third reason is that there is unverified evidence in the trial that was used as a basis for considering and deciding to sentence Gaga Muhammad to 4 years and 6 months. So that is the third reason. As for the fourth reason, it is related to the fact that the 4 years and 6 months sentence is not in accordance with the facts and far from the sense of truth and justice," he said.

3. Self-Defense is Normal

Furthermore, for the fifth question about Gaga Muhammad's self-defense. According to Fahmi, Gaga Muhammad's self-defense is normal.

"Meanwhile, the fifth reason for appeal is that Gaga Muhammad was heavily punished for defending himself even though what he conveyed in court was factual. However, in the Criminal Code, it is a person's right to defend themselves. If someone defends themselves, I don't think there needs to be a trial process," said Fahmi.

"The sixth reason is to conclude that Gaga never provided assistance even though he spent 1 year taking care of the victim," added Fahmi.

4. Laura Anna's Accident is a Misfortune, Not Intentional

Then, for the seventh point, about equating negligence and intentionality. Lastly, regarding the understanding of misfortune, according to Fahmi, an accident is considered a misfortune.

"Meanwhile, the seventh reason is to equate negligence and intentionality. An accident is negligence, while intentionality is mixed in this understanding. So it's as if what Gaga did was a deliberate criminal act," said Fahmi.

5. About Understanding Calamities

"Do not mix it up in this issue as if what Gaga Muhammad did is a criminal act that intentionally caused harm to someone. The eighth point is not being able to understand the understanding of calamities, that accidents are calamities, no human being wants to experience an accident. So those are the 8 points," Fahmi concluded.

(kpl/far/sry)