Former Priest Gets Death Sentence for Murder

Jakarta Post
February 12, 2014

http://www.thejakartapost.com/news/2014/02/12/former-priest-gets-death-sentence-murder.html

The Supreme Court sentenced on Tuesday a former Catholic priest from Maumere, East Nusa Tenggara (NTT) to death for premeditated murder.

A panel of justices comprising Timur Manurung, Gayus Lumbuun and Dudu Duswara, found Herman Jumat Masan, 45, guilty of the premeditated murder of Yosephine Kerodok Payong, or Mery Grace, and two infants from a relationship with Mery.

A district court in Maumere sentenced Herman to life in prison in August last year.

The panel concluded that the defendant was not only guilty of premeditated murder, but also of violating Article 181 of the Criminal Code for concealing evidence.

The panel also based its decision on Article 65 of the Criminal Code, which stipulates that courts can increase sentences by up to a third in the case of multiple counts.

“In general, judges [and justices] are not bound by their views on the death penalty. I’m against the death penalty. However, in such cases, we need a deterrent effect so that people can’t easily plan a murder, which [I perceive] as being rampant lately,” Gayus said.

Initially, prosecutors at Maumere District Court, NTT, sought the death penalty for Herman but the judges sentenced him to life imprisonment. The Kupang High Court later upheld the life sentence.

Herman was found guilty by the district court of having buried the bodies to cover up the murders.

He was charged with Article 340 of the Criminal Code on premeditated murder.

Prosecutors sought the extreme sentence for Herman as they said in addition to committing murder, he had failed to set a good example to his congregation.

According to the prosecution, Herman met Mery in Hokeng, where he served as a priest in 1995. The latter was then a student at the Ledalero Catholics Philosophy Institute (STFK).

In 1997, Herman was posted to Lela and Mary worked at Lela Hospital.

In 1998, both of them established a relationship and Mery became pregnant but kept it secret. In 1999, their first child was born in Herman’s room. They gagged the baby, killing it and then burying it in front of Herman’s room. They grew flowers on the spot to mark it.

In March 2002, Mery gave birth to their second child. They let the baby die and also buried it in front of Herman’s room.

After giving birth to the baby, Mery suffered a hemorrhage but she was not taken to a doctor for nine days. She eventually died and was also buried in front of Herman’s room.

The case came to light after witness Maria Sofiana related the matter to Father Piter Payong SVD, who was Mery’s relative.

Maria said she learned from Herman about his relationship with Mery and about the two babies, which were buried in Lela, together with Mery.

Her family reported the case to the Sikka Police, who later unearthed the graves in Lela on Jan. 27.

The police found human bones, which were later identified as Mery and her two infant boys.

Police then questioned witnesses and named Herman a suspect in the case. He eventually faced trial at Maumere District Court.