DOCUMENTS: False Witness Statements

Witness Statements Falsified


The Decision of the National Court quoted testimony from Michael's witnesses Ni Made Artini and I Nyoman Sudana (Pak Kumbung) stating that they knew nothing of a previous marriage in California or a Hindu marriage in 1994. M. Rifan, Michael's lawyer from Austrindo Law Office, apparently hid the Decision from Michael from November 2005 through February 2006, but when Michael finally read the witness statments, Made Artini and Nyoman Sudana said that their testimonies had been falsified by the Court Reporter.


LETTER OF EXPLANATION

The undersigned :

Name : Made Artini

Age : 32 years

Work : Domestic helper

Address : Jl Dirgantara No 3, Tuban Denpasar – Bali.

With this I testify that in my testimony as a witness in the trial of court case No. 119/ Pdt.G/ 2005/ PN. Dps. Dated 22 November 2005, as was written in the decision of the National Court Denpasar as follows:

• That the witness is a domestic helper in the home of the Plaintiff and the Respondent;

• That the witness saw the Plaintiff and the Respondent carry out a marriage according to Bali custom;

• That the photographs in evidence T-8 are not photographs of a wedding in 1994 and are not a tooth-filing ceremony;

The testimony as written in the decision of the case is not correct and not complete.

My testimony as a witness in the trial in this case that is correct is as follows:

• That the witness is a domestic helper in the home of the Plaintiff and the Respondent since 1992 and lives in the home;

• That the witness explained in the trial testimony that she had personally seen a ceremony in 1996, and that it was a tooth-filing ceremony for Michael Donnelly (Respondent) in Kuta, and the marriage ceremony of the younger brother of the Plaintiff Made Jati;

• That the photographs in evidence T-8 are photographs of a marriage ceremony in April 1994, not 1996. And in 1996 there was no marriage between the Plaintiff (Made Jati) and the Respondent (Michael Donnelly).

Thus is my letter of explanation which I truthfully relate without pressure from anyone, and hereby give permission for this letter to by used however necessary.

Denpasar 06 March 2006

Testifying,

Made Artini



LETTER OF EXPLANATION

The undersigned :

Name : Nyoman Sudana

Age : 52 years

Work : Construction supervisor

Address : Jl. Mambal Kajanan Br. Gumaseh (Dekat Aqua) Denpasar – Bali.


With this I testify that in my testimony as a witness in the trial of court case No. 119/ Pdt.G/ 2005/ PN. Dps. Dated 22 November 2005, as was written in the decision of the National Court Denpasar as follows:

• That the witness knows the Plaintiff and the Respondent because he was a witness working in their home;

• That the witness never saw the Plaintiff and the Respondent carry out a marriage ceremony;

• That in 1996 the Plaintiff and the Respondent carried out a tooth-filing ceremony;

• That the witness has no knowledge of a marriage between the Plaintiff and the Respondent in America;

The testimony as written in the decision of the case is not correct and not complete.

My testimony as a witness in the trial in this case that is correct is as follows:

• That the witness knows the Plaintiff and Respondent because he was a witness working in the home and is there considered as family in the home of the Plaintiff and Respondent;

• That the witness never saw the Plaintiff and Respondent go through a marriage ceremony. What the witness saw in 1996 was a marriage ceremony for the brother of the Plaintiff and a ceremony of tooth-filing for the Respondent Michael Donnelly, and therefore in 1996 there was not a marriage between Plaintiff Made Jati and Respondent Michael Donnelly;

• That the witness saw in 1996 the Respondent go through a tooth-filing ceremony in Kuta;

• That the witness in fact does not know about a marriage in 1985 in America, but the witness knows he was told about it directly by both the Plaintiff and the Respondent in 1995 in their home at Jl Pengembak Gang III, No 29 Denpasar Bali, and shown pictures of the wedding by both the Plaintiff and Respondent.

Thus is my letter of explanation which I truthfully relate without pressure from anyone, and hereby give permission for this letter to by used however necessary.


Denpasar 07 March 2006

Testifying,

Nyoman Sudana




Putusan Pengadilan Negeri mengutip pula penjelasan saksi-saksi Ni Nyoman Suti, yang adik Made Jati, dan pacar Nyoman Suti dan manager di Uluwatu Heru Widiyanto. Dua-duanya menyatakan bahwa upacara pernikahan Agama Hindu ceremony dilangsungkan tahun 1996. Tahun 2010 Michael melaporkan mereka di Mabes Polri karena Keterangan Palsu di Sidang.


PENJELASAN SAKSI-SAKSI NI NYOMAN SUTE DAN HERU WIDIYANTO

1. SAKSI NI NYOMAN SUTI

• Bahwa Penggugat dan Tergugat telah melangsungkan Pernikahan secara Adat Agama Hindu pada Tahun 1996;

• Bahwa, Tergugat berkewarga Negaraan Amerika dan beragama Kristen, tetapiketika melakukan perkawinan telah menyatakan masuk Agama Hindu;

2. SAKSI HERU WIJAYANTO

• Bahwa Penggugat dan Tergugat diketahui saksi telah melangsungkan Pernikahan secara Adat Agama Hindu pada Tahun 1996;

• Bahwa, pada waktu melaksanakan perkawinan Penggugat dengan Tergugat telah mempunyai dua orang anak;


The Decision of the National Court also quoted testimonies of Made's sister Ni Nyoman Suti and Nyoman Suti's lover and Uluwatu manager Heru Widiyanto. Both stated that the Hindu ceremony took place in 1996. In 2010 Michael reported them at Mabes Polri for Perjury.


WITNESS STATEMENTS BY WITNESSES FOR MADE JATI QUOTED IN THE DECISION OF THE NATIONAL COURT

1. WITNESS NI NYOMAN SUTI

• That the Plaintiff and the Respondent were married in a Bali Hindu marriage ceremony in 1996;

• That the Respondent is an American citizen and Christian, but at the time of the marriage ceremony had converted to Hindu;

• That the marriage of the Plaintiff and the Respondent has resulted in two children named 1) WAYAN SEAN DONNELY and 2) BRENDEN SURYA DONNELY;

• That since 4 years ago between the Plaintiff and the Respondent there have been frequent fights caused by differences in the way they wish to raise their children;

2. WITNESS HERU WIJAYANTO

• That the Plaintiff and the Respondent are known by the witness to have been married in a Bali Hindu marriage ceremony in 1996;

• That at the time of the marriage the Plaintiff and the Respondent already had two children;

• That the witness knows that for approximately 4 years the relationship between the Plaintiff and the Respondent was no longer harmonious, and they traveled alone;

• That the witness saw Plaintiff and the Respondent frequently fight, even until the Respondent broke a table;