Neil Bantleman in police custody, back in Jakarta - Action News
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Neil Bantleman in police custody, back in Jakarta

Indonesia's Supreme Court today overturned the acquittal of Canadian teacher Neil Bantleman on charges of sexually abusing children at a private school and has ordered him back to prison.

Court overturns acquittals, lengthens sentences for Ontario teacher and co-accused

Neil Bantleman turns himself in

9 years ago
Duration 2:44
Ontario teacher surrenders after Indonesia court overturns earlier acquittal

Canadian teacher NeilBantleman is back in police custody inIndonesia after that country'sSupreme Court overturned his acquittalon charges of sexually abusing childrenat a private school.

The court has ordered the Burlington, Ont., native returned to jail, and he surrendered to police Thursday, according to his brother Guy.

"Neil is back in Jakarta," Guy Bantleman said. "He is in police custody beingprocessed by embassy officials, his lawyers and the prosecutor," he said.

Bantleman will spend the night at the prosecutor's office.

The man's brother said the entire family is frustrated by the process and has little faith in the judicial system.He told CBC the family plans to ask for a judicial review and tointroducenew evidence, including information from a CBC fifth estate report on the case.

He was elated after Christmas this has sent him in a new direction.- Guy Bantleman

"We thought we were heading in the right direction," Bantleman said.

The family says it willbe putting more resources toward the caseand hoping that diplomatic pressure from the Canadian government would help his case.

Will rights be respected?

The family is encouraged by the strong words coming from new Liberal government.StphaneDion, Canada'sminister of foreign affairs, said in a statement that the government was "deeply dismayed" by what it called an "unjust decision."

In a scrum Thursday afternoon, he went further.

Dion suggested the lack of due process sends a wider message about the country to the international community.

"I just want to say that already today Indonesia is penalizing itself because the confidence one may have about the ability to do business in Indonesia, to have justice in Indonesia, has been jeopardized by the decision of the Supreme Court yesterday," he told reporters.

"So if Indonesia want to send a message that your rights will be respected you will have due process in Indonesia they need to correct the situation for Mr. Bantleman and the other gentleman."

The decision "came out of left field," Guysaid in an interview with CBC News Network.

"It is astonishing this happened at such a high level,"he said from his home in Burlington.

GuyBantlemansaid his brother is "devastated" and"says he can't go back to jail.He was elated after Christmas this has sent him in a new direction."

Bantlemanwas outside Jakarta,visiting anotherarea in Indonesia when the decision was made,Guy told CBC.

Indonesian teaching assistantFerdinandTjiongalso had his original conviction restored.

Sentence lengthened

NeilBantlemanand his wife,Tracy, also a teacher, had travelled to the country together for job opportunities at Jakarta International School, an upscale private school with about 2,400 students.

Bantleman, 46, was accused of assaulting three kindergarten-aged boys between January 2013 and March2014.

BantlemanandTijongwere originally sentenced to 10 years in prison. The decisions wereoverturned by the Jakarta High Court in August 2015.

However, Bantleman'spassport was revoked and he was not allowed to leave the country pending the government's appeal.

Supreme Court spokesmanSuhadisaid a three-member judge panel made the decision Thursday, adding an additional year on to their sentences.

"The judge panel concluded that the defendants were proven to have violated the 2007 Child Protection Law," saidSuhadi, who uses a single name. "It did not only reinstate the district court's verdict but also lengthened the sentence to 11 years."

BantlemanandTijongwere also fined the equivalent of $7,440 Cdn each.

Diplomatic hopes

GuyBantlemantoldCBC Hamilton he willhave a meeting with officials in Ottawa later Thursday, with a trip planned to the capital in the coming days.

Interview with Neil Bantleman's brother

9 years ago
Duration 7:34
Guy Bantleman talks carefully about the case and illuminates some troubling issues with the haste with which Neil's acquittal has been overturned

When asked how his brother is handling the order issuing him back to jail,Bantlemansaid he was "fragile" at the idea of going back to prison:"He's been able to process this and understands it's what hehas to do."

His brother feelsit's onlythe beginning. "Ittook a lot of time to get here," Bantleman said."The diplomatic effort will be what resolves this in the end."

Under Indonesian law, bothBantlemanandTijongcanchallenge the sentence by filing for judicial review by the SupremeCourt if they have new evidence.

Bantlemansaid "we didn't think we'd have to get to that level."

Indonesian returned to prison

Chandra Saptaji, head of the general crime section at the South Jakarta Prosecutors Office, said Tjiong was taken from his house early in the day and was now serving his sentence at the Cipinang Prison in eastern Jakarta.

Exclusive: Neil Bantleman speaks with the fifth estate

9 years ago
Duration 2:54
Evidence used to convict Canadian teacher of sexually assaulting young boys in Indonesia seriously flawed, investigation finds

In an interview with CBC'sthe fifth estate,Neil Bantlemanrecounted the stunning day when hewas jailed.

"I'm going into a prison, it's one in the morning. Is this a movie? Is this a nightmare?" he said.

The school has supported Bantleman and Tijong throughout the legal process.

"We are shocked and devastated by this latest development," admissions officer Jennete Felina said on behalf of the school to CBC by phone on Thursday. "The claims against Neil and Ferdi are baseless and without evidence. We have faith that a judicial review will bring justice."

The convictions occurred despite a lack of witnesses, with allegations Bantleman committed the assaults during the school day in his office, which is a clear glass structure.

Allegations that one of the children contracted herpes from the alleged assault were not supported by independent testing in Europe, the fifth estate found.

Four male janitors at the school were already sentenced to eight years in prison in that case and a woman received a seven-year prison sentence as an accomplice. Police said a sixth suspect killed himself in custody by drinking bathroom cleaner.

The South Jakarta District Court threw out a civil lawsuit in which one child's parents sought $125 million from the school for alleged negligence.

With files from Reuters, The Associated Press and The Canadian Press