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Indonesian hospital drops defamation case against patient critic who has become a folk hero--Overturned by Supreme Court

Shiloh

Editor, Senior Moderator
Source: http://www.google.com/hostednews/canadianpress/article/ALeqM5gcP7_JkN4ePJA7J9wqBKv-03ervA

Indonesian hospital drops defamation case against patient critic who has become a folk hero

By Rod Mcguirk (CP) ? 12 hours ago

JAKARTA, Indonesia ? An Indonesian hospital will drop a civil defamation case against a former patient whose emailed complaint to friends over her misdiagnosis won nationwide attention, the hospital's lawyer said Friday.

Prita Mulyasari, 32, could still face up to six months in prison on a separate charge. Her case has attracted the sympathy of millions who complain the rich and powerful too often get their way in this Southeast Asian nation.

The Omni International Hospital outside Jakarta took civil and criminal defamation action against Mulyasari after she complained in an email that her mumps had been misdiagnosed as dengue fever when she was a patient in August last year. She sent the email to a group of friends, but it was forwarded to others and ended up with widespread circulation.

Mulyasari, a bank customer assistant and mother of two, spent three weeks in prison without conviction over the criminal charges, and a civil court this month ordered her to pay the hospital 204 million rupiah ($22,000).

The private hospital's lawyer, Heribertus Hartojo, said Friday his client would have the civil ruling revoked unconditionally as a "gesture of goodwill."

But Mulyasari said she still faced the threat of up to six months in prison for criminal defamation. The hospital cannot cancel that prosecution.

"This was a private email to 20 friends, and it's been forwarded and forwarded," Mulyasari told The Associated Press. "I never, never thought that this could happen and it's not over yet."

She attributed the negative publicity the hospital has received for its change of heart.

"This is a victory for people power," she said. "There are so many cases in Indonesia that are unfair for the lower (class) people."

Her pro bono lawyer, Slamet Yuwono, on Friday called on the hospital to show good faith by coming to the criminal court and asking for the other charges to be dropped too.

Indonesians have chipped in to help her legal battle. A public call for coin donations has raised more than 500 million rupiah ($53,000), although Mulyasari said she had received none of the money yet.

Associated Press writer Irwan Firdaus in Jakarta contributed to this report
 
Re: Indonesian hospital drops defamation case against patient critic who has become a folk hero

Re: Indonesian hospital drops defamation case against patient critic who has become a folk hero

Source: http://www.nytimes.com/aponline/2009/12/29/world/AP-AS-Indonesia-Patient-Charged.html

Patient Cleared of Defaming Hospital in Indonesia

By THE ASSOCIATED PRESS
Published: December 29, 2009

JAKARTA, Indonesia (AP) -- An Indonesian housewife who was arrested after she publicized her complaints about bad treatment at a private hospital was acquitted of criminal defamation charges Tuesday by a court.

Prita Mulyasari had been charged with violating Indonesia's 2008 Electronic Information and Transactions Law, by widely circulating an e-mail on the Internet claiming that Omni International hospital staff had misdiagnosed her case of the mumps as dengue fever. Omni denied any misdiagnosis.

In its verdict, a three-member judge panel at the Tangerang District Court ruled Tuesday that Mulyasari was not proven guilty of insult or defamation, a crime punishable by up to six years in prison in Indonesia.

The panel classified the e-mail as ''constructive criticism for public interest and was merely a warning for people against bad medical treatment.''

Mulyasari, a 32-year-old mother of two has become a national symbol for the plight of the little person after the hospital both sued her in civil court and filed a criminal defamation complaint with police over her e-mail.

Mulyasari was arrested in May last year and locked up for three weeks. Her case caught the attention of former President Megawati Sukarnoputri, who was making an unsuccessful bid to return to office. She made a public prison visit, and Mulyasari was released soon after.

Prosecutors, who had demanded a six-month jail for Mulyasari, said they will study the verdict first before deciding whether to appeal it.

In the civil lawsuit, a court ruled in the hospital's favor on Dec. 4 and ordered Mulyasari to pay 204 million rupiah ($22,000) in damages for Omni and two of its doctors.

Mulyasari has become a media personality, and the public has donated more than 600 million rupiah ($63,000) to pay the fine.

But a Jakarta law firm representing her pro bono has appealed the civil lawsuit to the Supreme Court and lodged a countersuit, seeking 1 trillion rupiah ($106 million) compensation.
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Re: Indonesian hospital drops defamation case against patient critic who has become a folk hero--Overturned by Supreme Court

Source: http://www.telegraph.co.uk/technolo...ourt-overturns-Facebook-womans-acquittal.html

Indonesia court overturns Facebook woman's acquittal

An Indonesian woman accused of defamation after comments she made about a local hospital ended up on Facebook said Monday she was shocked by a supreme court decision to overturn her earlier acquittal.

Indonesia's highest court late last month reversed a 2009 district court decision clearing Prita Mulyasari, 34, of criminal defamation for complaints she made about Jakarta's Omni International Hospital.

The supreme court ruling was only made public this month.

"I'm utterly shocked with the ruling. It had been almost two years since the district court cleared me of all charges," Miss Mulyasari said.

"Although I don't have to go to jail, this is a nightmare, why can't they just leave me in peace?," she said.

Under the supreme court ruling, Miss Mulyasari will be jailed for six months if she commits a crime within the next year...
 
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