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Saturday, October 22, 2016

High Court rules out $US125 million lawsuit against Jakarta international school

The mother of one of the children sued the school after claiming that both the cleaners and educators sexually assaulted her son.

  • Indonesian teacher's aide Ferdinant Tjiong and Canadian teacher Neil Bantleman. Photo: Jewel Topsfield

    Indonesian teacher's aide Ferdinant Tjiong and Canadian teacher Neil Bantleman. Photo: Jewel Topsfield

  • The school released a photo of the student and his mother during a police reconstruction of the alleged crime. Photo: Supplied

    The school released a photo of the student and his mother during a police reconstruction of the alleged crime. Photo: Supplied

  • Teachers' aide Ferdinant Tjiong awaits the first day of his trial at South Jakarta court. Photo: Michael Bachelard

    Teachers' aide Ferdinant Tjiong awaits the first day of his trial at South Jakarta court. Photo: Michael Bachelard

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    Jakarta: The High Court has upheld a decision to throw out a $US125 million lawsuit against a prestigious Jakarta international school by a mother who claims her son was sexually abused.

    Five Indonesian cleaners, Canadian teacher Neil Bantleman and Indonesian teaching assistant Ferdinant Tjiong have been jailed for up to eleven years for the alleged sexual abuse of three kindergarten children at Jakarta Intercultural School, as it is now known, in 2013 and 2014.

    The mother of one of the children sued the school for $US125 million after claiming that both the cleaners and educators sexually assaulted her son, who was six at the time.

    The South Jakarta District Court threw out the lawsuit last year but the mother appealed to the High Court. However, the Jakarta High Court ruled on September 7 that it upheld the dismissal, according to a verdict published on the Supreme Court website.

    The alleged sex abuse scandal rocked the international community and raised questions about the integrity of the Indonesian judicial system, with critics saying the case was rife with irregularities.

    Last month Fairfax Media revealed a report by the National Commission on Human Rights (Komnas HAM) outlined cleaners' claims that they were tortured by police until they confessed.

    The report - never publicly released - details horrific allegations of cigarette burns and beatings that were so severe the wife of one of the cleaners did not recognise her husband's face because of the wounds and bruises.

    A sixth cleaner died in custody. Police say he died from drinking bleach he found in the toilet.

    The cleaners and teaching staff insist they are innocent and their lawyers plan to request a judicial review of the case, which is the last legal resort.

    A lawyer representing Jakarta Intercultural School, Harry Ponto, told Fairfax Media on Friday that the High Court decision was "obviously good news for the school".

    However the mother could still appeal the decision in the Supreme Court.

    This month Indonesian Police Chief Tito Karnavian said the cleaners had been found guilty based on a transparent and fair trial.

    "With relation to the allegation of torture by police against the cleaners that one was killed and so on we have done a number of investigations," he said.

    "But there was no indication of torture or him being beaten by police.

    "Rather he by mistake swallowed chemical things for cleaning. He was killed by it".

    Follow Jewel Topsfield on Fairfax Media

    The story High Court rules out $US125 million lawsuit against Jakarta international school first appeared on The Sydney Morning Herald.


    Source: High Court rules out $US125 million lawsuit against Jakarta international school

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