Indonesia police seems unaware of an assurance received by Australia that a permanent resident charged with murdering her friend with cyanide-laced coffee will not face the death penalty if found guilty.
Jakarta: Australia insists an Australian permanent resident charged with murdering her friend with cyanide-laced coffee will not face the death penalty in Indonesia if found guilty, despite police now claiming it is up to the judges.
Jessica Kumala Wongso, a former Ambulance NSW employee, has been charged with the premeditated murder of her friend Wayan Mirna Salihin, with whom she had studied in Australia.
The allegations that Ms Wongso spiked her friend's Vietnamese iced coffee at an upmarket cafe in Jakarta have gripped Indonesia, with TV talk shows endlessly debating the likelihood of her guilt.
Justice Minister Michael Keenan agreed to allow the Australian Federal Police to assist with investigating the case after receiving an assurance that the death penalty would neither be sought or carried out.
"After the guarantee, approval was given and now we have started cooperating with the AFP," Jakarta police chief detective Krishna Murti told Fairfax Media in February.
Last week prosecutors finally announced the case would proceed to trial after the case dossier had been returned to police at least four times due to a lack of evidence.
Jakarta police spokesman Awi Setiyono said it would be up to the judges what punishment would be imposed if Ms Wongso was found guilty, with the death penalty the maximum sentence for premeditated murder.
Asked about Indonesia's agreement with Australia that the death penalty would not be invoked, Mr Awi said: "It is impossible to give such a guarantee because no one can intervene with the judges."
When Fairfax Media told Mr Awi that chief detective Krishna said the Indonesian Attorney-General's office had guaranteed the death penalty would not be sought, Mr Awi said: "Even the president cannot say that, let alone Krishna Murti. Look, it is not certain that she will get the death penalty, the trial hasn't even started. Just wait and we will see what the judges decide."
However Fairfax Media understands the Australian government has a ministerial-level, written undertaking that Ms Wongso will not face the death penalty.
"The Indonesian Government has given an assurance to the Australian Government that the death penalty will not be sought nor carried out in relation to the alleged offending," a spokesperson from the Australian Attorney-General's Department told Fairfax Media after Mr Awi's claims.
"Australian Federal Police continue to assist the Indonesian National Police with its investigation."
Ms Wongso had studied with Ms Salihin at Billy Blue College of Design in Sydney and Swinburne University of Technology in Melbourne.
Chief Detective Krishna said in March Ms Wongso had police records from her time in Australia, believed to be traffic violations.
He said AFP documents were included in the dossier of the case.
"Basically we have been assisted, there is (new) development about the suspect's profile, relations between the perpetrator and the victim etc, that's what we looked for," chief detective Krishna said in March.
"Why did we do that? Because the suspect refuses to talk, she remains quiet, all questions that were asked were diverted to different answers. It's up to her. She has the right to deny."
Ms Salihin died after meeting Ms Wongso and another friend at the Olivier Cafe in Grand Indonesia Mall on January 6.
She took a sip of the of the coffee that Ms Wongso had reportedly ordered for her and began to suffer convulsions after complaining to a waiter about the taste.
Ms Salihin died on the way to hospital.
Such is the notoriety of the case that Vietnamese iced coffee has reportedly become the drink of choice for ghoulish tourists who have flocked to Olivier Cafe after her death.
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The story Australia insists alleged cyanide-coffee murderer will not face death penalty first appeared on The Sydney Morning Herald.
Source: Australia insists alleged cyanide-coffee murderer will not face death penalty
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