The court ruled that Sukena was not proven guilty beyond a reasonable doubt of intentionally committing the crime.
The judge stated that the defendant was unaware that the porcupines were protected species.
"Declaring that defendant I Nyoman Sukena was not proven legally and convincingly to have committed a crime as referred to in the Public Prosecutor's single indictment," the panel of judges, led by Ida Bagus Barnadewa Patiputra, stated.
The court ordered the release of the four porcupines into their natural habitat or other suitable locations under the supervision of the Bali Natural Resources Conservation Agency.
On Friday (Sept 13) last week, the Bali High Prosecutor's Office demanded the acquittal of defendant I Nyoman Sukena, 38, a resident of Bongkasa Pertiwi Village, Abiansemal District, Badung Regency, Bali, accused of keeping Javan Porcupines.
In the hearing agenda for reading the charges at the Denpasar District Court, Bali, on Friday, the Bali High Prosecutor's Team of Prosecutors Gede Gatot Hariawan, Dewa Gede Ari Kusumajaya, and Isa Uli Nuha stated that defendant Sukena did not have malicious intent, or mens rea, to violate Article 21, paragraph 2 a in conjunction with Article 40, paragraph 2 of the Republic of Indonesia Law Number 5 of 1990 concerning the Conservation of Natural Resources and Ecosystems.
"We demand that the panel of judges declare that defendant I Nyoman Sukena was not proven legally and convincingly to have malicious intent, or mens rea, to own and keep protected animals in the form of four Javan porcupines," prosecutor Gatot Hariawan remarked.
Additionally, the prosecutor requested the judiciary panel, led by Ida Bagus Bamadewa Patiputra and colleagues, that the defendant be released from detention and that the evidence in the form of four Javan porcupines be confiscated by the state to be handed over to the natural resource conservation agency BKSDA.
There were no aggravating factors for the defendant in the prosecutor's indictment.
However, the mitigating factors for the defendant were that he regretted his actions, had no intention of commercializing the porcupines, was not a repeat offender, did not understand the rule that porcupines are protected animals, and was polite and admitted to his actions, thereby leading to a smooth trial.
In response to the charges, defendant Sukena expressed his gratitude and happiness. He thanked all parties who helped free him from the clutches of law and said that the legal process was a valuable life lesson.
"I have accepted it. I consider this a valuable experience in my life," he remarked in the company of his wife, Ni Made Lastri, 34.
The 38-year-old man cried uncontrollably after hearing the verdict at the Denpasar District Court, Bali, on Thursday (Sept 5), which went viral on various social media platforms and attracted public attention.
The community also provided moral support to Sukena, who admitted to being unaware that porcupines, which are often considered pests in his area of residence due to their habit of eating coconut seedlings, are protected animals.
The hashtags -- We are with Sukena, Free Sukena, and No Viral No Justice -- gained popularity on social media timelines after netizens considered the prosecutor's demands to be excessive for the common people, especially at a time when several officials involved in corruption cases were awarded lighter sentences.
The defendant admitted to having initially kept two Javanese porcupines from his in-laws, which he got from their garden. Due to his love for animals, Sukena kept the porcupines until they multiplied into four.
Related news: Six Javanese porcupines released into Lake Buyan Natural Park
Related news: Govt tightens cyber patrolling to prevent trafficking of animals
Translator: Rolandus Nampu, Aditya Eko Sigit Wicaksono
Editor: Azis Kurmala
Copyright © ANTARA 2024