1 THE FLOUTING AND HEDGING OF COOPERATIVE ...
-
Upload
khangminh22 -
Category
Documents
-
view
0 -
download
0
Transcript of 1 THE FLOUTING AND HEDGING OF COOPERATIVE ...
1
THE FLOUTING AND HEDGING OF COOPERATIVE PRINCIPLES BY
THE AUSTRALIAN WITNESS IN JESSICA’S MURDER TRIAL
(A DISCOURSE ANALYSIS APPROACH)
A Thesis
Submitted to the Faculty of Cultural Sciences Hasanuddin University in Partial
Fulfillment of the Requirements to Obtain a Graduate Degree in English
Department
by
KUMARA TUNGGA DEWA
F21113 516
English Department
Faculty of Cultural Sciences
Hasanuddin University
MAKASSAR
2017
2
THE FLOUTING AND HEDGING OF COOPERATIVE PRINCIPLES BY
THE AUSTRALIAN WITNESS IN JESSICA’S MURDER TRIAL
(A DISCOURSE ANALYSIS APPROACH)
A Thesis
Submitted to the Faculty of Cultural Sciences Hasanuddin University in Partial
Fulfillment of the Requirements to Obtain a Graduate Degree in English
Department
by
KUMARA TUNGGA DEWA
F21113 516
English Department
Faculty of Cultural Sciences
Hasanuddin University
MAKASSAR
2017
6
ACKNOWLEDGEMENT
Bismillahirrahmanirahim.
All praise be for Allah Subhanahu wata’ala, The Magnificent and The
Merciful, Who blesses and guides me to finish my thesis. Shalawat and salam are
also delivered to Prophet Muhammad Sallallahu walaihi wassalam who has
brought Islam as the Rahmatan Lil Alamin.
Finishing this thesis needs support, assistance, and contribution from many
people. Therefore, he would like to express his deepest gratitude to those who have
provided him with moral and material support. His gratitude goes to my first
consultant Dra. Nasmilah, M.Hum,. Ph.D. and second consultant Abidin Pammu,
M.A., Ph.D., TESOL for their encouragement and constructive comment. An
endless thanks to his parents Drs. Pausie Ridwan & Nurwahidah S.Pd., M.Pd, may
the almighty Allah Subahanahu wa ta’ala protect them as they protected me whan
he was a kid. Also for his beloved sisters, Tamara Tungga Dewi and Sri Rezqi
Buana Tungga, his lovely Grandmothers Hj Pisa and Hj. Hawaini, thank for loves,
prays, and support in every single thing. His academic supervisor, Drs, Alwy
Rahman, Dip. TEFL for his advice and care. For all lecturers and his colleagues in
English Depertment, thanks for all the support and help. He also thank to all parties
that he cannot mention one by one who have provided assistance.
The writer realizes that this thesis is still far from perfect. Therefore, the
writer is openly encouraged to any criticisism and suggestion either in writing or
orally for improvements in the next research. Finally, the writer hopes that this
research can be useful for Indonesian education in general and for all of us in
particular.
8
TABLE OF CONTENTS
COVER ---------------------------------------------------------------------------- i
ADMINISTRATION ---------------------------------------------------------- iii
ACKNOWLEDGEMENT ---------------------------------------------------- vii
TABLE OF CONTENTS ------------------------------------------------------ ix
ABSTRAK ------------------------------------------------------------------------ xi
ABSTRACT ---------------------------------------------------------------------- xii
CHAPTER I : INTRODUCTUON ------------------------------------------ 1
A. Background ------------------------------------------------------- 1
B. Scope of Problem ------------------------------------------------ 3
C. Research Questions ---------------------------------------------- 4
D. Objectives of the Research ------------------------------------- 4
E. Significances of the Research ---------------------------------- 5
CHAPTER II : THEORITICAL BACKGROUND ---------------------- 6
A. Previous Studies ------------------------------------------------- 6
B. Theoretical Background ---------------------------------------- 8
1. Pragmatics ---------------------------------------------------- 8
2. Cooperative Principle --------------------------------------- 9
3. Flouting of Maxim Cooperative Principle --------------- 12
a. Flouting of Maxim Quantity -------------------------- 12
b. Flouting of Maxim Quality ---------------------------- 13
c. Flouting of Maxim Relevance ------------------------ 13
d. Flouting of Maxim Manner --------------------------- 14
4. Hedging of Maxim Cooperative Principle --------------- 15
a. Hedging of Maxim Quanity --------------------------- 15
b. Hedging of Maxim Quality ---------------------------- 16
c. Hedging of Maxim Relevance ------------------------ 17
d. Hedging of Maxim Manner --------------------------- 17
9
CHAPTER III : METHODOLOGY OF RESEARCH------------------ 19
A. Library Research ------------------------------------------------- 19
B. Field Research ---------------------------------------------------- 19
1. Method of Collecting Data --------------------------------- 19
2. Method of Analyzing Data --------------------------------- 20
C. Population and Samples ---------------------------------------- 21
1. Population ---------------------------------------------------- 21
2. Samples ------------------------------------------------------- 22
CHAPTER IV : DISCUSSIONS AND FINDINGS ---------------------- 23
A. Discussions ------------------------------------------------------- 23
1. The Types of Maxim Flouting --------------------------- 23
2. The Types of Maxim Hedging --------------------------- 42
B. Findings ----------------------------------------------------------- 55
CHAPTER V : CONCLUSIONS AND SUGGESTIONS -------------- 58
A. Conclusions ------------------------------------------------------- 58
B. Suggestions ------------------------------------------------------ 59
REFERENCES ------------------------------------------------------------------ 61
APPENDICES ------------------------------------------------------------------- 63
10
ABSTRAK
KUMARA TUNGGA DEWA The Flouting and Hedging of Cooperative Principle
Maxims of The Australian Expert Witness in Jessica Murder Trial
(A Pragmatics Study).
Tujuan dari penelitian ini adalah mengidentifkasi dan menjelaskan jenis-jenis
prinsip kerjasama yang dilanggar dan dibatasi oleh saksi dari Australia dalam
sidang Jessica. Beng Beng Ong adalah seorang ahli patologi yang diundang dalam
sebuah sidang pembunuhan. Selama persidangan, dia harus menjawab setiap
pertanyaan sesuai dengan keahliannya, kebenaran, dan kenyataan. Kondisi ini
membuat penulis mengidentifikasi kemungkinan pelanggaran dan pembatasan
maksim kerjasama dalam ucapannya.
Penelitian ini menggunakan pendekatan deskriptif kualitatif dan kuantitatif.
Data yang digunakan adalah 39 dialog yang mengandung pelanggaran dan
pembatasan maksim. Data tersebut bersumber dari video dan skrip video. Data
dikumpulkan dengan mengunduh video kemudian mentranskrip/mencatat ujaran-
ujaran. Data tersebut kemudian diproses dalam prosedur kerja yaitu 1) Identifikasi
2) Klasifikasi 3) Deskripsi dan 4) Elaborasi.
Peneletian ini menghasilkan dua poin. Pertama, dari 22 pelanggaran maksim,
pelanggaran maksim kuantitas (13 kali) adalah yang paling sering dilakukan oleh
saksi, karena situasi atau konteks persidangan membuat saksi cenderung
memberikan informasi lebih dari yang seharusnya. Sedangkan pelanggaran maxim
sikap (tidak ada) tidak pernah dilakukan oleh sasksi. Itu dikarenakan perannya
sebagai saksi ahli, jadi dia tidak ingin memberikan kesaksian/pendapat yang
ambigu dan tidak jelas. Kedua, dari 17 total pelanggaran maksim, pembatasan
maksim kualitas terjadi paling banyak dengan 9 kali. Sedangkan hanya sekali
terjadi pemabatasan maksim sikap sebagai yang paling sedikit.
11
ABSTRACT
KUMARA TUNGGA DEWA The Flouting and Hedging of Cooperative Principle
Maxims of The Australian Expert Witness in Jessica Murder Trial
(A Pragmatics Study).
The objectives of this study were to identify and describe the types of maxims
of Cooperative Principle that are flouted and/or hedged by the Australian witness
in the Jessica Murder Trial. Beng Beng Ong was an Australian forensic pathologist
who was invited to the Jessica Murder Trial. During the trial, he had to answer every
questions relevant to his expertise, the truth, and reality. This condition led the
writer to identify the possibility of flouting and hedging the maxims of Cooperative
Principles in his utterances.
This study used a mixture of descriptive qualitative approaches. The data were
39 dialogues which contain the flouting and hedging maxims taken from the trial
video and its script. These were collected through downloading the video, and
transcribing/taking note. The data then were analized by several work procedures
which are 1) Identification 2) Description and 3) Elaboration.
The study reveals two important findings. First of all, from 22 occurances of
flouting maxims, the flouting of maxim quantity (13 occurences) is mostly used by
the Australian Witness because the court situation requires the witness to provide
more information than the judges needs. While the flouting of maxim manner (0
occurences) is rarely used by the Australian witness. It is because of his role as an
expert witness, so he does not like to give unclear or ambiguous
testimony/statements to the court. Secondly, with 17 total occurences maxim
hedging, the hedging of maxim quality is the highest with 9 occurences. While there
is only 1 occurence of the hedging of maxim manner as the rarest.
12
CHAPTER I
INTRODUCTION
A. Background of Research
Language is a system of arbitrary vocal symbols used in social group.
People have used the languages a tools to interact one anotherand identify their
self. The language is used to communicate and to express all of the thoughts in
mind. Moreover, language also can indicate the identity of personality, group,
or community.
In a communication process, there must be some actors to carry out the
communcation. Some people act as a speaker, who deliver the message or
information. On the other hand, some people have a role as information
receiver or a hearer.
Communication allows them to interact with each other and understand
what others are trying to convey. Depending on the situation and context, the
language could be differently understood. Thus, it will bring some
misunderstanding and misinterpretation between the speaker and hearer.
Therefore, the rule or principle is needed to make the communication more
effective and efficient.
In order to attain an effective and efficient communication, Grice has
proposed the conversational maxims theory to stabilize the rule of
conversations. Both speaker and hearer are expected to cooperate each other
13
in conducting of each maxims. Those maxims are Maxim of Quality, Quantity,
Relevance, and Manner.
People sometimes disobey the following maxims. The infraction of
coversational maxims called as flouting and hedging. In several case, most
people flout the maxims because they are not attach the proof or fact in their
informations. However, the possibility of the flouting maxim is because the
speaker assumes that the hearer can understand the implied meaning of his
intentions.
Therefore, Brown and Levinson has declared the hedging theory which is
coorelated to Grice’s maxims which are Hedging of maxim quality, quantity,
relevance, and manner. Hedging maxims are usually used by the speakers to
give the infromation more properly in the level of accuracy. Hedging maxims
are the speaker tries to give a signal to the hearer that the speaker not really
sure about his/her utterances. For example “I think ...” or “I may be mistaken,
…” used when the speaker give the limited or even wrong information. In
simple words, hedges are words or phrase which carry the speaker’s
uncertainty.
Expert witnesses play a large and crucial role in the trial. Currently, the
majority of civil and criminal cases often involve the expert witness. According
to the judge's assessment, someone who is an expert in particular field can be
asked for the testimony regarding particular issues. Before the trial, they were
asked to swear that everything they say should be suitable with his expertise,
the truth, and reality.
14
Jessica Kumala Wongso was accused of killing his friend, I Wayan
Mirna Salihin, by adding toxic sodium cyanide into the Vietnamesse Ice coffee
in Cafe Oliver in the early January 2016. On 5 September 2016, Beng Beng
Ong, a forensic pathologist from Queensland University of Australia, was
invited by the Jessica’s Legal Advisor, Mr. Otto, to order the testimony which
relevant to his expertise.
Most of flouting and hedging maxims are occured in the informal situation.
For example, in the talkshow, daily conversations and chatting. Accordingly,
the writer conducts the research about the Flouting and Hedging of Cooperative
principles by The Australian Expert Witness in Jessica’s Murder Trial, which
will reveal that the flouting and hedging maxims not only happen in informal
situation, but also occure in very important situation particularly in the court.
There are several reasons why the writer choose the title. First of all, the
writer have found some maxims that is flouted by some witnesses in the
jessica’s muder trial. Therefore, he tried to study it more deep and
comprehensive thorough this thesis which entitled ”The Flouting and Hedging
of Cooperative principles by The Australian Expert Witness in Jessica’s
Murder Trial”
B. Scope of Problem
In this reserch, the writer restricts the problem to the Beng Beng Ong’s
testimony as the object. The writer divides the problem into three parts, which
are the flouting and hedging of conversational maxims. The first one, this
15
research intends on recognizing the flouting of conversational maxims that
might be exist in the court. Secondly, this research focuses to analyze the
hedges, which are related to Grice’s maxims in the court. Lastly, this research
also intends to describe why the Australian witness flouts and hegdes the
cooperative principle maxim.
C. Research Questions
Based on the explanation above, the writer formulates some questions as
follows:
1. What kind of maxims are flouted by the Australian Expert Witness in
Jessica’s Murder Trial?
2. How are the maxims hedged by the Australian Expert Witness in
Jessica’s Murder Trial?
D. Objectives of the Research
In this research, the writer intends to achieve some objectives :
1. To describe the kinds of maxims are flouted by Australian Expert
Witness in Jessica’s Murder Trial.
2. To elaborate how the maxims are hedged by of the Australian Expert
Witness in Jessica’s Murder Trial
16
E. Significance of the Research
With reference to the research questions and the objectives, the findings of
this research are expected to have both theoretical & practical contribution on
the area of Pragmatics or Discourse Analysis, particularly on analyzing the
flouting and hedging of coversational maxim and the rethorical strategies as
the form of flouting maxim in the spoken language.
1. Theoritically, this research will enrich the pragmatics research
especially in the flouring and hedging of coversational maxim and the
rethorical strategies as the form of flouting maxim in the spoken
language.
2. Practically, this research is expected to give contribution to the
following parties:
a. The reader of this research ; This research can also be used as a
matrix to make make the flouting and hedging of conversational
maxims become more understandable.
b. The students of English Department majoring in Linguistics ; this
research is expected to give some contribution to the field of
pragmatics study. Moreover, this research also can develop their
communicative skill in using Cooperative Principles.
c. Other researchers ; this research is intended that the findings and
the discussion in this research can be used as a reference for further
study, especially for the relevant type of research.
17
CHAPTER II
THEORETICAL BACKGROUND
A. Previous Study
There are a lot of researches about the Cooperative principles. At this point,
the writer only shows three of them. First of all, The journal of “Flouting and
Hedging Maxims in BBC Podcast The English We Speak Taken From BBC
Learning English” by Praisya Jovani in 2013, this study uncovers how
flouting maxim and hedging maxim are used by the speakers in BBC Podcast
The English We Speak from BBC Learning English. The result of analysis can
be seen as follows: First, there are 37 utterances containing flouting maxims,
which maxim of quantity takes the dominance as shown in 17 utterances. The
speakers used the rhetorical strategies, such as irony, metaphor, tautology,
overstatement and understatement to communicate the implied meaning.
Second, 120 utterances of hedging maxims are found. Most speakers express
uncertainty and inexactitude regarding the truth or their utterances so that
hedges are used to avoid breaking the maxim also to minimize the imposition
that may occur. As a result, 74 utterances are said to hedge the maxim of
quality. Praisya Jovani (2013) states “These findings suggest that flouting
maxim is used when the speaker blatantly exploits the utterances based on a
listener’s assumption. Besides, hedges are used to show that the speaker is still
cooperative engaging in conversation, and as a way to opt out of conversational
maxims”.
18
Secondly, Sarah Rosalina Burhan in her study “Flouting Maxims In The
Main Characters of UP! Animated Movie” , the study is designed to find out
what the maxims flouted by the main characters on the animated movie UP! and
to find out the intended meanings of the utterances being flouted by the main
characters on the animated movie UP!. This study not only to know what the
maxims are flouted but also to know why people do flouting maxims in their
communication. The results of this study find that there are 47 dialogues
containing thr flouting maxims in UP! Animated movie. That consists of four
kinds flouting maxims, namely flouting maxim of quality, flouting maxim of
quantity, flouting maxim of manner, and flouting maxim of relevant. Sarah states
that “The purposes of flouting the maxims were to make the main characters are
comfortable in the conversation, to avoid other questions, to show pleasure or
anger, and to show their knowledge on something in this movie”.
Finally, Nastiti Rokhmania in her journal “Descriptive Analysis on
Flouting and Hedging of Conversational Maxims in the “Post Grad”
Movie”, this research is focused on analyzing flouting and hedging of
cooperative principles used by the main characters in Post Grad movie.
Cooperative principle is categorized into four categories; Maxim of Quality,
Maxim of Quantity, Maxim of Relevance, and Maxim of Manner. The maxims
are flouted when the speaker breaks some maxims when using the utterances
in the form of rhetorical strategies, such as tautology, metaphor, hyperbole,
irony, and rhetorical question. On the other hand, Cooperative principles are
also hedged when the information is not totally accurate or unclearly stated but
seems informative, well-founded, and relevant.
19
All of the researches above studied about the Flouting and Hedging of
Cooperative principles. Altough the researches have the same topic, but they
studied them in different objects which were movies, and TV Show. Therefore,
in order to achieve the gap of research, the writer chose the Australian
testimony as the object of research.
B. Theoretical Framework
This part consists of the definition of pragmatics, Cooperative Principles,
Flouting maxims, Hedging Maxims.
1. Pragmatics
Pragmatics is the study that relates the language and its users, namely
speakers and hearers (Yule, 1996). Yule states that pragmatics is the study
in language that connects the communicated meaning by the speaker.
Hence, the hearer need to uncover the intended meaning behind the
speaker’s utterances which depends on the context. Thus, by studying
pragmatics, people can use language better since the speaker and the hearer
need to uncover each others utterances and look at the implicit meaning
behind those utterances.
In pragmatics, people can understand more deeply how language can
be used to communicate with other people and deliver their message well.
Analyzing language using pragmatics can make the hearer know the
meaning behind the speaker’s utterances. It means that the utterance spoken
20
by speaker can have more possible meanings besides its denotative
meaning. The connotative meaning can be best explained through
pragmatics that the hearer can infer the best possible meaning of the
speaker’s utterance.
The use of pragmatics can be both practically and theoretically
explained. Its usage can be characterized in various ways depending on
how to view linguistics and how to place pragmatics within it. Mey (2001)
divides the use of pragmatics into two different characteristics. They are
abstract and practical characteristics. An abstract characterization places
pragmatics either as ‘component’ linguistics or as ‘perspective’ filling the
components and giving them a pragmatic ‘accent’. A practical
characterization seems to solve problems linked to linguistics function like
the problems in ethnomethodology.
2. Cooperative Principles
In communication, there must be a kind of rule applied to make a
successful conversation. This rule will help both the speaker and the hearer
in delivering their messages and conveying the meaning of their messages.
This rule, called as Cooperative Principles (Grice, 1975). Cooperative
Principles (CP) will be explained in its four sub-principles, called maxims.
These maxims will complete each other in a conversation and explain how
the speaker and the hearer should do the conversation in order to make both
21
of them understand each other. The Cooperative Principles (CP) and four
maxims are clearly explained in the below.
The first maxim is maxim of quantity. it says to be more informative.
The speaker cannot give either more or less information in his/her
utterances. In this maxim, the speaker has to give the exact or precise
information. The speaker also has to decide what he/she wants to
emphasize. By doing that, the speaker will be able to decide whether the
information he/she gives to the hearer is too much or too little. The example
of maxim of quantity is:
A : How many children Nigel has ?
B : Nigel has fourteen children.
The example above B gives an answer that makes the hearer knows
Nigel only has fourteen children, not more.
The second maxim is maxim of quality. This maxim concerns with the
speaker being truthful. In a conversation, the hearer will think that the
speaker is being truthful in his/her utterances and the speaker does not tell
anything that he/she is sure it is wrong. By this condition, the speaker also
knows that the hearer expects him/her to say the truth. Thus, he/she will not
say what he/she thinks that it is false. Thus, the example below :
A: What is the Capital City of Indonesia?
B: I believe it's Bogor, or maybe Jakarta, Indonesia has wide territory.
22
B flouts the maxim of quality since he gives insincere answer for A's
question. The implicature of this flouting maxim would be that B doesn't
know exactly about Capital City of Indonesia.
The third maxim is maxim of relation. The speaker’s question is need to
be relate to the hearer’s answer. When a speaker says something that has no
relation with the utterance uttered before, it is said that the speaker does not
observe maxim of relation. In order to be said to observe the maxim of
relation, some of the speakers will point out that his/her utterance is relevant
to the previous utterance. The example of maxim of relation is:
A : There’s somebody at the door.
B : I am in the bath.
By this answer “I am in the bath‟, B expects A to understand that his
present location is relevant to her comment that there is someone at the door,
and that he cannot go to see who it is because he is in the bath.
The last maxim is maxim of manner. In this maxim, the speaker cannot
make a confusing utterance. A speaker is believed to observe maxim of
manner when he/she makes an utterance step by step and clear. He/she will
have to make an utterance in such a good arrangement so that the hearer will
not feel confuse. The example of maxim of manner is “They washed and
went to bed”. By this utterance, we could see a good arrangement of
utterance.
23
3. Flouting of Cooperative principles
The kind of situation called as flouting maxim, when a speaker does not
appear to observe maxims of Cooperative Principles. When using a maxim
flouting, a speaker wants the hearer to look at the connotative meaning of
the utterance and understand what he/she wants to say behind it. Grundy
(2000: 76) states that when a speaker is employing maxim flouting, the
hearer will still think that he/she is following the maxims of Cooperative
Principles. Thus, the hearer has to look for the connotative meaning of the
utterance said by the speaker. The hearer will also know that there is a
hidden reason for the speaker to employ maxim flouting.
a. Flouting of Maxim Quantity
The speaker who flouts the maxim of quantity appears to inform
more or lesser details than the hearer actually needs to know. The
example below will give an explanation about how the speaker flouts
the maxim of quantity.
A: Well, how do I look?
B: Your shoes are nice . . .
(Cutting, 2002)
In the above example, it is clear that B does not mean that A’s
sweatshirt and jeans look nice, but he/she knows that A will know what
B means. It is because A asks about his/her whole appearance, but B
24
only tells him/her about the shoes he/she is wearing which is an answer
that is related to it.
b. Flouting of Maxim Quality
When a speaker flouts the maxim of quality, he/she does not say
what he/she really wants to say. The speaker intends something behind
his/her utterance that the hearer will have to convey. The example of
maxim flouting of quality is given by Cutting (2002) as “Don‟t be such
a wet blanket - we just want to have fun.” The speaker uses metaphor in
his/her utterance. The metaphor in this utterance functions as a medium
to express his/her feeling towards the hearer who wants to disturb their
enjoyment at that time instead of telling the hearer his/her true felling.
In using maxim flouting of quality, the speaker does not want to express
what he/she really feels towards the hearer, but he/she uses another word
to imply it.
c. Flouting of Maxim Relevance
Different from the concept of maxim flouting of quality which uses
another expression in telling his/her feeling, a speaker flouts the maxim
of relevance expresses what he/thinks by using words that does not have
any relation to the previous utterance. This kind of maxim flouting lets
the hearer to imply something that relates the speaker‟s utterance to the
25
utterance uttered before. The example of this phenomenon can be seen
in the section below:
A : They’re wet and dirty.
B : Like your mam.
The above conversation occurs in the changing room, A refers to
socks and gets an answer “Like your mam” from his/her friend. From
his/her utterance, B wants A to think rapidly of what he says and to draw
a conclusion that shows the relevance of the two ideas. Thus, it can be
implied that B‟s utterance is a kind of simple play of words that is
relevant to be called as a joke.
d. Flouting of Maxim Manner
The speaker who flouts the maxim of manner says something that is
not clear enough for the hearer or utters an expression which has some
possible meanings. Thus, when using maxim flouting of manner, the
speaker is often confusing the hearer about the meaning carried by the
speaker‟s utterances. This kind of maxim flouting is often used by the
speaker to avoid other people to know about what kind of topic being
talking about. The example of maxim flouting of manner can be seen in
the example below.
A : Where are you off to?
B : I was thinking of going out to get some of that funny white
stuff for somebody.
26
A : OK, but don‟t be long – dinner‟s nearly ready.
The conversation takes place in a kitchen near living room when a
husband (B) is talking to his wife (A) to buy ice-cream for their
daughter. The kitchen and the living room is quite close enough to let
their daughter knows what they are talking about. To avoid the over-
excitement of their daughter of getting her favorite ice-cream, the
husband uses words that will not be noticeable to their
4. Hedging of Cooperative principles
Besides maxim flouting of Cooperative Principles, there is alsocondition
where a speaker tries to follow maxims by asserting an additional note called
hedge. in academic speech, hedging is most appropriately described as either
(a) a lack of competence commitment to the truth value of an accompanying
proposition, or (b) a desire not to express that commitment categorically.
a. Hedging of Maxim Quantity
As for maxim hedging of quantity, the speaker tries to tell the hearer that
the amount of the information conveyed in his/her utterance is limited.
This kind of situation can be seen in the example below.
- I won‟t bore you with all the details, but it was an exciting trip.
(Yule, 1996: 38)
In the example above, the speaker wants to assure the hearer that the
story about his/her trip was an exciting one and he/she will tell the hearer
27
about it without boring them. The other examples, such as : roughly,
more or less, approximately, give or take a few, or so, I should think, I
can’t tell you more than that it’s…, to some extent, all in all, in short,
basically, so to speak, etc. the assertion of personal opinion show that the
information tried to be conveyed is limited.
b. Hedging of Maxim Quality
By using hedges, the speaker shows the hearer that she does not have
complete information about the topic being discussed about as in the
example below.
- I may be mistaken, but I thought I saw a wedding ring on her finger.
(Yule, 1996: 38)
By using hedge in his/her utterance, the speaker‟s utterance will be
understood as maxim hedging of quality. This utterance shows that the
speaker is not sure whether the information about the girl they are talking
about is married or not. But he/she wants to assure the hearer that at some
points, he/she has seen her wearing a wedding ring on her finger.
Brown and Levinson (1990) state that quality hedges may suggest that
the speaker is not taking full responsibilities for the truth of his utterances.
For instance, I think…, I believe…, or I assume…. Or alternatively they
may stress speaker’s commitment to the truth of his utterances; in other
words, they reflect the commitment of the writer to the quality of the
proposition contained in the subsequent part of the statements and do not
28
contribute truth value to the statements as a whole. Such as, I absolutely
(deny/ promise/believe) that…, others take the opposite view and say…,
The issue says…, It is quite right what people say…, Some people believe
that…, So you can imagine even…, In this case..., etc. Or they may
disclaim the assumption that the point of S’s assertion is to inform H, such
as, As you know…, As it well known…, As you and I both know…, etc.
c. Hedging of Maxim Relevance
In maxim hedging of relevance, the speaker tries to connect and relate
his/her utterance to be fit to be said. Some expressions are used in maxim
hedging of relation like “by the way…, oh I know…, anyway…, this may
not be relevant/ appropriate/ timely but…, I might mention at this point…,
while I remember…, etc. These kind of expression used in the middle of a
conversation and by using maxim hedging of relation, the speaker will not
be considered as saying something irrelevant. Maxim hedging of relation
is also used to point that the speaker wants to stop talking about the present
topic being talked about and move to other topics.
d. Hedging of Maxim Manner
In using maxim hedging of manner, the speaker realizes that his/her
utterances may be unclear to the conversation, so he/she adds some
expressions to make the hearer aware about it. This kind of maxim
hedging also functions as an awareness that the speaker does not want to
29
give a confusing utterance to the hearer. Maxim hedging of manner can
be seen in the example below.
It was dead funny – if you see what I mean.
(Grundy, 2000: 79)
The speaker realizes that he/she has made an unintended pun, so
he/she adds “if you see what I mean” to make the hearer aware about the
obscurity of his/her utterance.
30
CHAPTER III
METHODOLOGY OF RESEARCH
A. Library Research
The purpose of this method is to find more information, in the form
of theoretical issues that may support the writing. That is why the writer
find any reverence related to research from books, journals, and many more.
The writer used qualitative research method. To elaborate the
flouting and hedging of cooperative principles in Jessica’s muder trial, the
writer need the data from the script. Furthermore, the utterances analyzed
descriptively to explain in detail phenomena based on the theory of flouting
and hedging of cooperative principles.
B. Field Research
The writer take the data from the video and script of conversation in
the court. The duration about 05:11:49 minutes and the video downloaded
from https://www.youtobe.com.
Beside library research, the writer used field research to support the
data collection process. The writer used the following techniques :
1. Method of Collecting Data
a. Downloading the video
The writer found and downloaded the video of The Australian
Expert Witness in Jessica Murder Trial form the internet
(www.youtube.com).
31
b. Transcribing / Note Taking
After downloading the video, The writer watched the video and
transcribed it into the the text in order to make it easier. Therefore,
the video and the transcript become the primary data.
2. Method of Analyzing Data
In this part, the writer used a descriptive qualitative method and
pragmatic approach. This study could be classified as qualitative
approach since the data were in form of words or sentences. The
analyzing data was the process of systematically searching and arranging
the data which have collected. The writer analyzed the data in accordance
with the problems and the objectives of the study. The writer used work
procedures in analyzing the data as follows:
1. Transcribing the utterances of the movie into written language. The
writer watched and listened carefully the utterances which presented
by beng beng ong, legal adviser, and all public prosecutor the in the
court. This helped the writer to identify the utterances which flouted
and hedged the cooperative principles.
2. Identifying the utterances which used by the characters. The writer
observed the appropriate data and identified the utterances which had
the case of flouting of cooperative principle. The writer separated
between the utterances that flouted the cooperative principles and the
other utterances that did not flout and hedge them.
32
3. Classifying the flouting of cooperative principles which were
presented in the movie. The utterances that flouted and hedged the
cooperative principles were grouped according to the kinds of maxims
that were being flouted and hedged.
4. Describing the characters flouted and hegded maxims in the utterances
by using the theory of cooperative principles. The data would be
deeply analyzed using the descriptive qualitative method.
5. Elaborating the beng beng ong’s utterances based on the flouted and
hedged maxims in the movie.
C. Population and Samples
1. Population
The population of this research was taken from the whole
utterances of Jessica’s court trial on Monday, 5 september 2016. There
were 326 utterances occured by the all the speakers. They were Public
prosecutors, Jessica’s Legal Adviser, and an expert witness Beng Beng
Ong. It was divided into two type of utterances, which are 163
utterances of the Legal Adviser and Public Prosecutor and 163
utterances of Beng Beng Ong.
33
2. Samples
The writer selected the samples by using a purposive sampling
technique. Purposive sampling is a sampling technique with a certain
consideration of the data. The consideration of this research was the
writer took utterances containing the flouting and hedging of
cooperative principle from Jessica’s court trial to be analyzed based on
the purpose of this
34
CHAPTER IV
DISCUSSIONS AND FINDINGS
This chapter is divided into two sections, findings and discussion. The first
section explains the deeper explanation of the research findings to make it clearer
and presents the findings table which contain of flouting and hedging maxims of
the object. In the second section, the findings table were presented containing the
flouting and hedging maxims of the object. The tables are provided in quantitative
data. Furthermore, there are also the descriptions of the table.
A. Discussion
This section is devided into two sub-sections. First of all, the writer
provided the deeper explanation about the phenomenon of flouting and hedging
of Cooperative principles made by the Australian expert witness in Jessica’s
Murder Trial, in this case Dr. Beng Beng Ong. And then, the writer categorized
the ways of flouting and hedging maxims on some criteria that given by Cutting
(2002) and Grundy (2007) as the writer explained in the second Chapter.
1. The Types of Maxim of Cooperative Principles which are flouted by
Beng Beng Ong In Jessica’s Murder Trial.
Maxim flouting is a way of the speaker that does not observe the maxims
of Cooperative Principles, yet, the speaker expects the hearer to understand
35
and convey the message behind it. The discussion below will show how the
speaker flouts a maxim
a. Flouting Maxim of Quality
The speaker who flouts the maxim of quantity appears to inform
more or lesser details than the hearer actually needs to know. The
discussion of each datums bellow elaborates the flouting of this maxim.
Datum 1
Legal Adviser : What if there is no autopsy being perform, in this case
only samples are taken from the body, in this case can
the pathologist also has authority or competence to
determine the cause of death ?
Witness : The pathologist have to consider carefully, because it is only
base toxicology result and nothing else.
The Jessica’s Legal Adviser questions about the authority of
pathologist in determining the cause of death to the Witness, while there
are not a post-mortem examination and only several samples can be
obtained. The witness does not dirrectly approving the current legal
Adviser’s question in properly words, but he keeps it through the
sentence “The pathologist have to consider carefully”.
In this datum the Witness flouts the maxim quality with the sentence
“The pathologist have to consider carefully, because it is only base
36
toxicology result and nothing else”. The witness barely does not answer
the question properly. By flouting the quality maxim, the witness wants
the legal Adviser to imply his answer as the aggrement about what he
has questioned before.
Datum 2
Public Prosecutor 1 : If a person drink baverage which contains
cyanide, so far after you read journals,
literatures, and other scientific textbooks, what
would a person feel out tongue after ingesting
cyanide ?
Witness : There is actually nothing much on the taste on how the person
feel about the taste of cyanide, but I presume that the taste
would be unpleasant.
The conversation above describes about the discussion of the
cyanide’s taste based on the journals, literatures, and other scientific
textbooks.
The clause “I presume” explain that the witness obviously flouts the
quality maxim. He says unprovable/untruthful thing, and it is only
coming from his assumption.
37
Datum 3
Public Prosecutor 2 : If a person ingest a toxin and who has the
authority to say the content of the toxin left in
the body, is it the authority of pathologist or
the authority of toxicologist ?
Witness : The pathology perform the post-mortem example the organs
and take appropriate specimens for toxicology, and when
the toxicology result come back he will look at the
toxicology the case entirely take into account the findings
of the internal organs, just to correction, take into account
the external findings, which is internal organs, and
toxicology result, and base on all these then he will give a
cause of death. we usually do not like to give a cause of
death just based on one result.
The second public prosecutor has a very clear question, he asks
about the authority of Toxicologist and Pathologist, who is really
compatible to report the content of toxin left in the body. So the answer
should be very simple ‘Toxicologist’ or ‘Pathologist’.
However, the witness flout the quality maxims to make the public
prosecutor imply his answer through his explanation about the work
distribution of Pathologist and Toxicologist.
38
Datum 4
Public Prosecutor 2 : So who has the right to determine or say that the
contain of Cyanide lesft in the body, is this
amount different, with the cyanide being
ingested, is it the pathologist or the toxicologist
?
Witness : I think, the question is very abstract, but all I can say that the
pathologist is the one who examine the body, and he gives
the collected specimens for the toxicologist to test. So the
toxicologist apart for examine the specimens, do not even
come close to the body. so I think that the toxicologist would
not be the one that will measure the volume of the gastric
containing during the time of autopsy, yes, they will measure
the volume when ti is to the lab but not during the autopsy.
Again in this conversation, the second public preosecutor questions
about whose right to determine the contain of cyanide left in the body,
pathologist or toxicologist.
The witness thinks that the question is quite abstract, so the
clause/sentence ‘but all I can say’ is a sign of the quality of his next
explanation about the work distribution of pathologist and toxicologist.
There are might be the hidden answer for the public prosecutor
perplexity.
39
Datum 5
Public Prosecutor 2 : The aroma to the smell of Cyanide you mention
that the smell is like bitter almond ?
Witness : Yes it is typically like bitter almond.
Public Prosecutor 3 : That means that the Cyanide has not been mix
with other ingredients or other materials, if the
cyanide mix with coffee, do you know what
smell would come out ?
Witness : I do not think that I will smell Cyanide mix with coffee.
In this conversation, the third public prosecutor and the witness
discuss about the specific smell of cyanide. the witness reconfirms that
the smell of cyanide basically similiar to bitter almond. Then Public
prosecutor asks about what if it mixed with cofee, how the cyanide’s
smell is.
The witness flouts the quality maxim by answering it in slightly
sarcastic way, “I do not think that I will smell Cyanide mix with coffee”.
The implicature of this flouting maxim would be that the witness
doesn't know exactly about the smell of the coffee mixed with cyanide.
Datum 6
Public prosecutor 3 : What I mean is that if Natrium Cyanide is put
into coffee will the aroma smell like bitter
almond ?
40
Witness : I am not an expert in mixing Cyanide and coffee. I do not
think I should answer this.
The coversation above describes the situation about advanced
question of the third public prosecuter, after he do not satisfy about the
witness’ answer, which is shown at the datum 5.
However, the witness answers it with an unexpected answer “I am
not an expert in mixing cyanide and coffee”. He prefer to use the
sarcastic answer, rather than dirrectly says that he do not know any
specific smell when the cyanide mix with coffee. Therefore, he is
indicated flouts the maxim quality.
Datum 7
Public Prosecutor 3 : You said earlier about symptoms before death,
in this case what data that you get ?
Witness : It is based on a description from literature, including books
and journal.
Public Prosecutor 3 : For this case, you get the data from what
documents ?
Witness : I have the data of the autopsy report, visum entrebentum,
toxicology report, and some toxicology statement, and
medical notes, and also from the video.
In this conversation, the third public prosecutor asks for what and
where the witness obtains the data. Then he says that it is from
41
literarture, journal, and textbooks. But it is not what the public
prosecutor asking for. After that, the public prosecutor asks the same
question and gets the answer they need. The public prosecutor actually
asks for the data that had been examine by the witness, such as autopsy
report, medical notes, video, visum entrebentum, toxicology report, and
some toxicology statement.
Because of the misiterpretation about ‘data’, the witness flouts the
maxim of quality by saying untrutful answer.
b. Flouting Maxim of Quantity
When a speaker flouts the maxim of quality, he/she does not say
what he/she really wants to say. The speaker intends something behind
his/her utterance. The datums bellow is described comprehensively
about the flouting of Quantity Maxim.
Datum 8
Legal Adviser : You are going to take an oath according to your
religion.
Witness : I can take an oath according to religion or through
affirmation.
This datum shows the flouting of maxim quantity. In this part, the
public prosecutor wants to confirm to the witness that he will take an
oath accroding to his current religion. But then, the witness confirms
42
that he can do it according to religion, and expands his answer by saying
“or through affirmation”.
Based on his utterances “through affirmation”, it is indicated to the
flouting of maxim quantity. he says more, than it has to be.
Datum 9
Legal Adviser : What about your assignment in bali ? who assign you
to go to Bali ?
Witness : It was through the Australian Federal Police because of the
bombing disaster in Bali.
Legal Adviser : what examination that you perform in Bali ?
Witness : I perform post-mortem examination on the victims.
Legal Adviser : was that, did you do that in the knowledge of the
Indonesian police of Indonesia, Indonesia national
police ?
Witness : Yes, and I think that I was given a certificate of appreciation.
In this situation, the Legal Adviser asks about the witness’
experiences being the forensic pathologist. The witness used to become
a volunteer in Bali bombing disaster through the Australian Federal
Police. The Legal Adviser asks him that does he do it under the
Indoensian Police’s supervision. The witness agrees and adds more
information that he receives a a certificate of appreciation.
43
If we take a look to his answer, by adding clause “and I think that I
was given a certificate of appreciation”, he absolutely flouts the maxim
of quantity which is give more informastion than the Legal Adviser
expected.
Datum 10
Legal Adviser : let me confirm with you first here we are not talking
about death but about collapse, is it true ? base on your
experience what is the difference in terms of the time
elapse when somebody inhale cyanide and when
somebody ingest cyanide, before they collapse ?
Witness : Yes. Generally, inhalation will be faster than the ingestion.
It is also dependent to the consentration of the poison. So the
higher doses effects faster, and lower doses the effects will
be slower.
In this conversation, the Legal Adviser gives 2 questions. Fisrt of
all, he asks for confirmation that they are discussing about the collapse
not the death. the witness approves it. The last, he asks about the
difference time between inhaling cyanide and ingesting cyanide. the
witness answers it infromatively.
The witness adds the additional information about the influence of
the cyanide consentartion level. Therefore, the witness flouts the maxim
44
of quantity because he explains more additional information which is
not expected.
Datum 11
Legal Adviser : So the amount is very little, could the cyanide be
detected with this very little amount ?
Witness : The first thing that I am not a toxicologist, but I know that
the sensitive instruments they can analize on very little
amount, but the important thing in here that is the toxicology
result by the toxicologist, so I assume that the result is valid.
In my center, if I sent a sampel and they cannot analize it I
would get result back as insufficient for analisys.
In this conversation, the Legal Adviser asks the witness about the
how the very litle amount of the cyanide can be found at the victims
body. The witness answers it clearly, even if he is not a toxicologist.
However, there is still the unexpected additional information.
As you can see the underlined words “In my center, if I sent a
sampel and they cannot analize it I would get result back as insufficient
for analisys.”, it is the overbalance information that is no need to be
convey. In conclution, it is the flouting of maxim quantity.
45
Datum 12
Legal Adviser : While the result for BB4 are negative ?
Witness : Yes and because it is negative, it means that it is very, we
can rule out she died from cyanide poisoning.
This conversation describes that the Legal Adviser asks for the
negativity of BB4 (barang bukti 4) result. Then, the witness
confirmation is yes. The witness confirmation should be enough, but
there are any unexpected additional information. The underlined words
is the overstatement that no need to be. He is just trying to asserting his
conclution about the cyanide is not the cause of death, but it is extremly
flout the maxim of quantity.
Datum 13
Legal Adviser : You mean how much when you say a large content of
stomach, how much, could you mention it ?
Witness : I expect to be about 100-1000 and this has been illustrated in
the two cases report.
This datum describes about their discussion about the level cyanide
contained in the stomach. When the Legal Adviser asks about the
specific number, he answers it obviously. However, the witness flouts
the maxim quantity by saying excess information that is not needed at
all.
46
Datum 14
Public Prosecutor 1 : Are you saying that if external examination is
enough, adequate, then autopsy is not necessary
?
Witness : If you mean internal examination, then yes. that will depend
on Indonesia jurisdiction or the countries or other state that
orders the autopsy.
The conversation in this datum describes that the public prosecutor
asks for the necessary of autopsy if the external examination is already
done. His answer should be enough when he says ”If you mean internal
examination, then yes”. Nonetheless, he enhances his answer by saying
unappropriate answer. He says that it also depends on Indonesian
Jurisdiction. The writer indicates it as a flouting maxim of quantity,
because his additional information is a must and does not to be
mentioned.
Datum 15
Public Prosecutor 1 : Is there an International regulation applicable
worldwide concerning in order to establish the
cause of death ?
Witness : There is no international convension or regulation on death
investigation system. In general, regarding autopsy we do
have scientific meetings among the pathologist, discussing
about cases and other scientific matters.
47
In this conversation, the public prosecutor asks about the existance
of an international regulation in order to esatablish the cause of death.
Unluckly, there is no any international convension or regulation on
death investigation system. It should have answered the question
overall. But then the witness gives more information regarding the
scientific meetings among the pathologist. nevertheless, it has included
as the flouting maxim of quantity because he informs more deatails than
it has to be.
Datum 16
Public Prosecutor 1 : He would like to know if no embalming is
performed how long does take for the organs to
deteriorate, so he would like the comparison if
embalming perform and not performed ?
Another question is which part of the body will
be the first to deteriorate if no embalming is
conducted and if embalming is conducted and
if emabalming is conducted ?
Witness : Again there are many factors that beside on the speed of
decomposition, for example environment temperature or the
person is ill with already infection, and then decomposition
process will be faster. So it is very difficult to give a fix
period. If the body has been embalmed and again it depends
48
how effective is the embalming process, the process of
decomposition will be very much retarded. If you want to
give a specific time period, it is not possible to give a specific
period. It is also the same with organs. In general, it is
intestines that deteriorate first. But sometimes it can be some
other organs.
In this datum, the witness seems flout the maxim quantity. As you
can see at his part, the underlined words is the repition. He says twice
that it is difficult or possible to give a specific period for the organs
decomposition before and after embalming. In this case, he says
something excessive.
Datum 17
Public Prosecutor 1 : Do you have certificates showing your expertise
on Cyanide ?
Witness : I do not have certificate, and I am not aware if there is such
a certificate.
In this conversation, The first public prosecutor wants to know that
there are any certificates showing the witness’ exprtise on cyanide.
unfortunately, the witness do not have a certificate. The witness also
adds a bit sarcastic information that there is any kind of certificate like
that. It means, the witness flouts the maxim quantity because he says
more, than it has to be.
49
Datum 18
Public Prosecutor 3 : In which part of the body that the discoloration
will appear ? and how long with it take until the
discoloration can be seen or become visible ?
Witness : The discoloration typically seen in the area of Hypostasis,
and is due to gravitasional blood, so in a person is lying face
up, the blood will collect at the back, so this red
discoloration will be most distinct at the area of Hypostasis.
The situation is the third public prosecutor asks 2 questions to the
witness. the first one is about where is the discoloration will appear and
the last one is how long it will take until the discoloration can be seen.
The witness only answers the first one and does not for the second one.
In this case, the witness flouts the maxim quantity because he does not
convey all the approriate answer.
Datum 19
Public Prosecutor 3 : If autopsy cannot be done, is the taking of
samples from the bail, urine, liver, and stomach,
can be a way to ascertain the cause of death ?
Witness : Yes. But the better sample for specific for cyanide poisnoning
is actually blood.
In this conversation, the public prosecutor asks that the samples
form the bail, urine, liver, and stomach, can be a way to ascertain the
50
cause of death. The witness approves it. The writer thinks that the
additional information is indicated as a exaggration, because it is not
the answer that the public prosecutor wants. In conclution, he flouts the
maxim of quantity by saying information that is not needed.
Datum 20
Public Prosecutor 3 : The question is whether the volume mentioned
here, that 0.1 ml is the ideal volume in order to
conduct the analysis ?
Witness : The analysis was perform by the toxicologist, and I am not
the toxicologist.
In this datum, the public prosecutor asks a question about the ideal
volume to conduct the analysis. based on the witness’ answer, that
question is only can be answered by the toxicologist, because it is the
role of toxicologist. The problem is that the witness says “I am not the
toxicologist”. It is obviously the flouting maxim of quantity, because it
is the overstatement. He has not to mention something unimportant.
c. Maxim of Relevance
Different from the concept of maxim flouting of quality which uses
another expression in telling his/her feeling, a speaker flouts the maxim
of relevance expresses what he/thinks by using words that does not have
51
any relation to the previous utterance. The elaboration of datums bellow
shows the analysis of flouting Maxim of Relevance.
Datum 21
Public Prosecutor 1 : With what visa did you came to Indonesia ?
Witness : I came with a visitor visa
Public Prosecutor 1 : Visitor visa, what kind of visit?
Witness : There is no form to fill.
In this datum, the public prosecutor is really corious about the
witness legality, so he wants to know about what kind of visa that the
witness has. The public prosecutor finds the incongruity that the witnes
comes with tourist/visitor visa. He thinks that the witness should come
to indonesia with the works visa. When the public prosecutor asks that
what kind of visitation, the witness replies it with unrelevance answer
“There is no form to fill”. As we know, it is abviously a flouting maxim
of relevance.
Datum 22
Public Prosecutor 2 : Earlier legal adviser asked you question, you
said that whether this is because the cyanide,
and your answer was ‘no’, so I want to ask what
is your real answer, are you in doubt, doubtful
is the answer or ‘no’ is your real answer ?
52
Witness : I am not really sure the question, but this is what I have to
say. If there a corrotion then of course that should be a cause
of corrotion. But if there is not then there are may not be
corrotion. If there is a corrotion I noted like what you say that
cyanide was only detected in the stomach, the toxicology did
not report that there is any other poison or corrotion in his
report and that is because from I read it, he did not attempt to
look for anything else in the typical toxicology report like
what I get in Australia. the report were say ex-material is
detected no other drugs or alcohol detected. I do not see this
statement in the report. So take it that the toxicologist has not
perform any further test.
At the beginning, the witness’ conclution after the samples’
examination is that the cyanide is not the cause of death. When the
second public prosecutor asking further, he is doubtful that it is beacuse
of the cyanide. Then, It makes the public prosecutor confused, because
the witness’ conclution was make up by the doubtfulness. So he asks
the optional question between ‘doubt’ or ‘no’. Unfortunately, the
witness also confused toward the question, so he says “I am not really
sure the question” as a sign of his confusion, and adds “but this is what
I have to say” as a mark of his next explanation that might be could
answer the second public prosecutor perplexity. However, the answer
is not really related at all to the public prosecutor’s question.
53
d. Maxim of Manner
The speaker who flouts the maxim of manner says something that is
not clear enough for the hearer or utters an expression which has some
possible meanings. So the utterancaes may brings the ambiguity.
Unfortuanately, the writer does not find any flouting of Manner Maxim.
2. The Types of Maxim of Cooperative Principles which are hedged by
Beng Beng Ong In Jessica’s Murder Trial.
When a speaker uses maxim hedging, a speaker is conscious of maxims
of Cooperative Principles but the speaker is not really observing it. Hedge
is an expression used in utterance to mark that the speaker is trying to
observe the maxims.
a. Hedging Maxim of Quality
Using maxim hedging of quality means that the speaker is not sure
whether the information that he/she has is true or not. Thus, he/she adds
an additional phrase to aware the hearer that he/she will not take any
responsibilities of the information. Thus, the hearer cannot take it as
truthful information. There are several elaboration of datums below.
54
Datum 23
Legal Adviser : was that, did you do that in the knowledge of the
Indonesianal police of Indonesia, Indonesia national
police ?
Witness : Yes, and I think that I was given a certificate of appreciation.
In this situation, the Legal Adviser asks about the witness’
experiences being the forensic pathologist. The witness used to become
a volunteer in Bali bombing disaster through the Australian Federal
Police. The Legal Adviser asks him that does he do it under the
Indoensian Police’s supervision. This utterance shows that the witness
is not sure whether the information about the certificate is really
appropriate. But he wants to assure the legal adviser that he receive the
certifcate as the legimitacy of his participation in that event.
Datum 24
Legal Adviser : before you go on to autopsy examination, I would like
to ask you, during the examination here did you find
any traces of cyanide in the liver ?
Witness : I think the toxicology report, there was no cyanide detected.
In this datum, the legal adviser asks that does the witness find any
traces of cyanide in the liver. The witness uses the hedging of maxim
quality, “I think” in order to emphasize that the examination’s result
does not come from his examination, but the toxicology report.
55
Datum 25
Legal Adviser : So the amount is very little, could the cyanide be
detected with this very little amount ?
Witness : first thing that I am not a toxicologist, but I know that the
sensitive instruments they can analize on very little amount,
but the important thing in here that is the toxicology result by
the toxicologist, so I assume that the result is valid. In my
center, if I sent a sampel and they cannot analize it I would
get result back as insufficient for analisys.
In the conversation above, the legal adviser wants to know that in
very little amount could be cyanide detected. In the witness’ utterances,
he asserts the quality hedge “I assume” to show to the legal adviser that
the report/result is valid.
Datum 26
Legal Adviser : How much cyanide could be left in the stomach ?
Witness : I think it is very difficult to estimate because we do not know
what really happen to the person, but assuming that the
stomach contains a bit of fluid, when you diluted 298 mg over
cyanide, the consentration still very high. For example, if there
is 100 ml of fluid in the stomach, the consentration will be
56
about 2000, so even is some of cyanide has been used up, there
were still be a high consentration left behind.
In this datum, the Legal Adviser’s question is about the amount of
cyanide that could be left in the stomach. The witness inserts the quality
hedges “I think” as an additional phrase to aware the legal adviser that
the witness does not take any responsibilities of the information.
Datum 27
Legal Adviser : You said earlier in your presentation that one of the
symptoms of cyanide poisoning is bright-red
discoloration, could you please explain or elaborate
more on that ?
Witness : The reason why the person look bright red is because of the
way of cyanide works, the cyanide will inhibit an enzyme
known as Cythochrome C430, to put in simple terms, it was
stop the body from using oxygen. the blood on the body will
contain oxygen. As we know, oxygenited-blood is bright red
in color, the blood that where oxygen has been taken away
will be more dark or dusky red. Because there is a lot of
oxigenited-blood in the person who died from cyanide
toxicity, they will reveal.
In the conversation above, the Legal Adviser wants the witness to
elaborate one of the cyanide poisoning symptom which is the victim’s
57
body discoloration. In the witness’ explanation, he uses the quality
hedge “As we know” to assert the quality of his utterance.
Datum 28
Public Prosecutor 1 : Could you please explain how long it will take
since ingestion of the cyanide into the body
orally until the internal organs are not able to take
oxygen ?
Witness : I think that to measure that we only can look at the clinical
presentation and it stated in literature it usually takes about
more than 5 minutes to even a new hours, and I think that the
reason why there is range of time it is because it could be due
to different doses and the health of person. In general, if the
doses higher, clinical manifestation will be faster. If the
person has health problem then the manifestation will be
faster in these group of people. So I cannot give a specific
time.
In datum above, the public prosecutor asks for the explanation about
the time estimation of the internal organs inability to take the oxygen.
In the witness’ explanation, he says twice the quality hedge “I think”.
It is indicated that the witness is not taking full responsibilities for the
truth of his utterances.
58
Datum 29
Public Prosecutor 1 : Did you see on the video, after taking sip Mirna
put her hand in front of her mouth and then
wave her hand ?
Witness : The video was blur, but I think that was she did.
In the datum above, the public prosecutor shows the video when
Mirna taking a sip. He wants to make a clarify to the witness that Mirna
doing some suspicious action. The witness says that the video is blur,
but he approves it. However, he asserts the quality hedge “I think” as
the sign/mark of his unconvincedness, whether the information that is
true or not.
Datum 30
Public Prosecutor 1 : If a person drink baverage which contains
cyanide, so far after you read journals,
literatures, and other scientific textbooks, what
would a person feel out tongue after ingesting
cyanide ?
Witness : There is actually nothing much on the taste on how the person
feel about the taste of cyanide, but I presume that the taste
would be unpleasant.
The conversation above describes about the discussion of the
cyanide’s taste. The witness answers the question by asserting the
59
quality hedge “I Presume”. This phrase is become the sign/mark that
the answer is not based on the journals, literature, or even the scientific
textbooks. But it is only coming from the assumption.
Datum 31
Public Prosecutor 3 : How long that it is take until the discoloration
become visible ?
Witness : I think that once the Hypostasis start to diappear, then I think
that the color will be lost. In a person who has not been
embalming Hypostasis may last for 2 – 3 days. Look at my
slide I mention all these symptoms in the first three sentence
or points, I also mentioned it at the power point that all the
findings may of may not he present in all the cases of
Cyanide poisoning.
In this conversation, the public prosecutor asks about the time
estimation of the body’s discoloration. Based on the witness answer, he
clearly says the quality hedge “I think” twice. As Brown and Levinson
stated, those hedges may suggest that the witness is not taking full
responsibilities for the truth of his utterances.
b. Hedging Maxim of Quantity
In using maxim hedging of quantity, the speaker knows that the
information he/she has is limited. Thus, he/she hedges his/her utterance
60
to mark that he does not have the required information about the topic
being talked about.
Datum 32
Legal Adviser : let me confirm with you first here we are not talking
about death but about collapse, is it true ? -base on your
experience what is the difference in terms of the time
ellapse when somebody inhale cyanide and when
somebody ingest cyanide, before they collapse ?
Witness : Yes, Generally, inhalation will be faster that the ingestion. It
is also dependent to the consentration of the poison. So the
higher doses effects faster, and lower doses the effects will
be slower.
In the datum below, the Legal Adviser gives 2 questions. First
of all, he asks for confirmation that they are discussing about the
collapse not the death. the witness approves it. The last, he asks about
the difference time between inhaling cyanide and ingesting cyanide. the
witness also answers it infromatively. The words “generally” can be
ascertain as the quantity hedge, because it becomes a sign that shows
the limit of the witness information/answer.
61
Datum 33
Public Prosecutor 1 : Is there an International regulation applicable
worldwide concerning in order to establish the
cause of death ?
Witness : There is no international convension or regulation on death
investigation system. In general, regarding autopsy we do
have scientific meetings among the pathologist, discussing
about cases and other scientific matters.
In this datum, the public prosecutor asks about the existance of an
international regulation in order to esatablish the cause of death. There
is no any international convension or regulation on death investigation
system. In this conversation, the witness flouts the quantity maxim. He
also asserts a quantity hedge “In genearal”. it means that he conveys a
limited information.
Datum 34
Public Prosecutor 1 : Could you please explain to me the symptoms
of person who died of heart attack ?
Witness : As far I know, they have chest pain then they may have feel
nauseous, and sweating and beat of breathlessness, and of
course they get collapse and die. In most of our cases with
heart attack they just die suddenly without any obvious
symptoms.
62
In this conversation, the first public prosecutor asks for the
explanation about the heart attack symptoms. The witness uses the
quality hedge “As far I know” as the point of witness’ assertion to
inform that the information being conveyed is limited.
c. Hedging Maxim of Relevance
In maxim hedging of relevance, the speaker tries to connect and
relate his/her utterance to be fit to be said. The datums below explain
several relevance hedges.
Datum 35
Legal Adviser : so if a victim dies and the victim does not die in a
hospital, but the victim is brought to you as a
pathologiest, do you have to perform an autopsy in
order to find out the cause of death of the victim ?
Witness : Yes certainly, especially when the victim is young.
Legal Adviser : why ?
Witness : Because they can be many different cause of death, and as I
mentioned earlier the death can be natural, and we got to find
out the cause of death, not only for the family, but in some
circumstances because the victim is young, he or she might
die from a condition that is inheritable. And we do the post-
mortem examination we can advise the family if we find a
63
genetic cause. We also need full toxicology examination
especially if the person is young.
In this conversation, Legal Adviser asks that does he have to
perform an autopsy if a victim dies but does not die in a hospital. The
witness answers that it is certainly, especially if the victim is young.
Then the public prosecutor wants to know the reason. In the witness
explanation, there is a phrase “as I mentiend earlier”, it is categorized
as a relevance hedge. The phrase tries to connect the explanation with
his previous information that has been said before.
Datum 36
Public Prosecutor 1 : But they are taking samples from the body, do
you think that this is enough to establish the
cause of death ?
Witness : No, especially in a young person. As I explain earlier, we are
to look at all the internal organ to look any natural cause of
death. Then we look at the toxicology result and based on the
finding and result, we conclude the cause of death. We just
cannot do one investigation and hope that, that would bring
the cause of death.
The datum below, the public prosecutor wants to know if the
samples is enough to ascertain the cause of death. The witnes asserts
the relevance hedge “as I explain earlier” in his answer. This hedge is
64
used as the sign of the relevance of his utterance with his previous
explanation.
Datum 37
Public prosecutor 1 : You said earlier that the cause of death of the
victim in this case Mirna cannot be ascertain,
how ever you also said that it is not because of
cyanide, is that the statement that you made ?
Witness : Yes. As I mentioned earlier, all the test for cyanide, at all the
internal organs including the stomach-aspirate are negative.
Except for the stomach contains only a low lever was
detected. There is nothing in the test to show that the person
has dies from cyanide toxicity or cyanide poisoning.
Datum 38
Public prosecutor 1 : Even the fact that there are no such a features in
the toxicology report, what conclusion can you
make?
Witness : First, correction, it is not the toxicology report, it is the
pathology report. The second, as I mentioned earlier you do
not just take only one feature, you look at the overall features
and then you can make a conclusion and base on this, as I
mention in my slide, the victim did not show any feature of
65
cyanide toxicity, the clinical features are not typical and the
toxicology analysis doe not point to cyanide and when we
base on overall these features then my conclusion is the cause
of death Is not ascertain and she does not appeal to die from
cyanide toxicicty.
In the conversation, the public prosecutor asks for the witness’
conclusion. Again, the witness uses the relevance hedge “As I
mentioned earlier” to connect or relate his answer with his previous
utterances.
d. Hedging Maxim of Manner
In using maxim hedging of manner, the speaker realizes that his/her
utterances may be unclear to the conversation, so he/she adds some
expressions to make the hearer aware about it. This kind of maxim
hedging also functions as an awareness that the speaker does not want
to give a confusing utterance to the hearer. There are several examples
below.
Datum 39
Public prosecutor 1 : Earlier you have explain about this picture, you
mention that this is a picture of vacuolation of
Basal cell, could explain once again because you
earlier you mentioned that vacuolation is a sign
66
of cyanide poisoning which you could not found
in the report ?
Witness : Let me clarify, this feature has been seen in people who die
from Cyanide poisoning and shows erosion of the stomach.
In the pathologist report he actually examine the stomach and
describe the histology report, he did not describe this feature.
In the datum above, the witness uses the manner hedge “Let me
clarify”. By adding this hedge, the witness does not want to give a
confusing utterance to the public prosecutor. The hedge functions as an
awareness of his clarification.
B. Findings
In this section, the findings were figured out based on two research
questions which is written in the first chapter. The first finding is related to the
flouting and hedging maxims uttered by the Australian Expert witness (Beng
Beng Ong). From the analysis of the type of maxim flouting and hedging’s
occurrences, the researcher found that most of Cooperative Principles Maxims
were flouted and all of Cooperative Principles Maxims were hedged by the
witness. There are twenty-two occurrences for maxim flouting and seventeen
occurrences for maxim hedging. After having comprehensive discussion, the
writer finally got the fixed data as shown in the table below.
67
Table 1. The Form of Data Sheet for Maxim Flouting of Cooperative
Principles Applied by the Australian Witness in Jessica’s Murder Trial
Maxim Flouted Occurence Persentage
Quality 7 31,8 %
Quantity 13 59,1 %
Relevance 2 9.1 %
Manner - 0 %
TOTAL 22 100 %
Table 1 shows the frequency of occurences of the flouting maxim used by
the Australian Witness in Jessica’s Murder Trial. This table shows that maxim
quantity is the highest frequency of flouting maxim. It means the information
had been conveyed more or less than it shloud be. Thus, the second higher is
the flouting of maxim quality with 7 occurences. The flouting maxim of
relevance is only 2 occurences. Meanwhile, the maxim of manner does not flout
by the Australian Witness.
Table 2. The Form of Data Sheet for Maxim Hedging of Cooperative
Principles Applied by the Australian Witness in Jessica’s Murder Trial
Maxim Hedged Occurence Persentage
Quality 9 52,9 %
Quantity 3 17,6 %
Relevance 4 23,6 %
Manner 1 5,9 %
TOTAL 17 100 %
68
The table above shows that there are seventeen occurences of maxim
hegding. Hedging maxim of quality is the highest number of occurence with 9
occurences, followed by the hedging maxim of relevance with 4 occurences,
hedging maxim of quantity with 3 occurences. Finally the hedging maxim of
manner is only one occurence.
Table 3. The Form of Data Sheet for Ways of Maxim Hedging of
Cooperative Principles Applied by the Australian Witness in Jessica’s
Murder Trial
No Ways Maxim Hedging Occurence
1 I think 6
2 I assume 1
3 I presume 1
4 As we know 1
5 Generally 1
6 In general 1
7 As far I know 1
8 As I mentioned earlier 3
9 As I explain earlier 1
10 Let me clarify 1
TOTAL 17
In the table above, the writer provides the data of the ways of Maxim
Hedging applied by the Australian witness in Jessica’s Murder Trial. The
highest frequency is “I think” that is used by the witness. the phrase “As I
mentioned earlier” accurs 3 times. Meanwhile, the rest only occurs once.
69
CHAPTER V
CONCLUSIONS AND SUGGESTIONS
This chapter is divided into two section, which are conclusions and suggestions.
First of all, this section descibes the conclusion of the research based on the chapter
IV. The second one, in this section, the writer presents the suggestions for the reader
and the next researchers.
A. Conclusions
Based on the result of the discussion and findings in the previous chapter, the
writer formulates some conclusions as follows.
1. The types of maxim of Cooperative Principles which are flouted by the
Australian witness are almost all of the Cooperative principle except the maxim
of manner. From the data findings, there are 22 occurences of maxim flouting.
Based on the data, the Australian witness mostly flouts the maxim of quantity,
rarely flouts the maxim of relevance, and does not flout the maxim of manner
at all. The writer finds that there are 13 occurences (31,8 %) of the flouting of
maxim quantity, 7 occurences (59,1 %) of the flouting of maxim quality, 2
occurences (9,1 %) of the flouting of maxim relevance, and 0 occurences (0%)
of the flouting of maxim manner. The Australian witness mostly uses the
flouting of maxim quantity because the court situatuin usually brings the
witness to give more information, whether it is more than what the Legal
Adviser or Public Prosecutors need. While the flouting of maxim manner is
70
rarely used by the Australian witness. It is because of his role as an Expert
witness, so he does not like to give unclear or ambiguous testimony/statements
to the court.
2. In the data findings, All of the maxim of the cooperative principle are hegded
by the Australian witness. They are the hedging of maxim quality, maxim
quantity, maxim relevance, and maxim manner. The hedging maxim occurs 17
times. the hedging of maxim quality is the highest number of occurence, while
the hedging of maxim manner is rarely used by the Australian witness. the
writes finds that there are 9 occurences (52,9 %) of the hedging of maxim
quality, 3 occurences (17,6 %) of the hegding of maxim quantity, 4 occurences
(23,6 %) of the hedging of maxim relevance, and only 1 occurences (5,9 %) of
the hedging of maxim manner. the hedging of maxim quality is mostly used by
the Australian witness, because he sometimes does not really sure about the
level of information. Meanwhile the hedging of maxim manner is the rarest type
of maxim hedging. It is because he likes to be clear in ordering their testimony
and statements.
B. Suggestions
Based on the analysis of the research above, there are some suggestions that the
writer proposes to :
1. English Lecture and The Department
This writer investigates maxim flouting and hedging of Cooperative
Principles in a conversation, especially in court. However, there are many
71
thesis which have used the theory to investigate several topic, but the
sources from the Library of Cultural Science Faculty are still considered
limited.
To solve this problem, the researcher suggests that the lecturers or
stakeholder give more comprehesible and recommendable sources (journal,
textbooks, thesis, or etc.) about the flouting and hedging maxims. So that
the students can recognize how to apply maxim flouting and hedging in
conversation better.
2. Linguistics students and Readers
In Lingusitics study, The flouting and hedging maxim are the common
subjects. There are many similar researches or study conducted under these
subjects. Since the objects of the study is quite unusual, the writer hopes
that it can be served as a reference for the linguistic study.
The writer also hopes that the study about the investigation of the
hedging and flouting maxim can be continued in other objects. So it can be
enriched the knowledge about the subject. Furthermore, the most impotant
thing is the application on using the Cooperative principle and recognizing
the flouting and hedging of maxims.
72
REFERENCES
Brown, G. & Yule, G . 1983. Discourse Analysis. Cambridge: Cambridge University
Press.
Burhan, Sarah Rosalinain.2014.Flouting Maxims In The Main Characters of UP!
Animated Movie. Unpublished Thesis. Malang : English Departments of
Languages and Literature Faculty of Cultural Studies University of
Brawijaya
Cook, Guy. 1989. Discourse. New York : Oxford University Press.
Cutting, J. 2002. Pragmatics and Discourse, A Resource Book for Students. London
and New York: Routledge.
Grice, P. 1975. Logic and conversation. In Syntax and Semantics III: Speech
Acts,ed. by Peter, C. and Jerry L. M., 41–58. New York: Academic Press.
Grundy, P. 2000. Doing Pragmatics (2nd Ed.). London: Arnold.
Hornby, A. S. 1995. Oxford Advanced Learner’s Dictionary (5th Ed.). Oxford:
Oxford University Press.
Jovani, Praisya. 2013. Flouting and Hedging Maxims in BBC Podcast The English
We Speak Taken From BBC Learning English. Unpublished Thesis.
Malang : English Departments of Languages and Literature Faculty of
Cultural Studies University of Brawijaya.
Leech, G (1983). The Principles of Pragmatics. In Oka. (Ed.). Prinsip-Prinsip
Pragmatic. Jakarta: Universitas Indonesia.
Levinson, S. C. 1983. Pragmatics. Cambridge: Cambridge University Press.
Levinson. Stephen C. 1983. Pragmatics. Cambridge. Cambridge Univesity Press.
Mey, J. L. 2001. Pragmatics, An Introduction (2nd Ed.). Oxford: Blackwell
Publishing.
73
Oktavia, Yani. 2014. The Flouting of Maxims in Movie Ice Age: Dawn of The
Dinosaurs. Unpublished Thesis. Malang : English Departments of
Languages and Literature Faculty of Cultural Studies University of
Brawijaya
Pridham, F. 2001. The Language of Conversation. New York: Routledge.
Rokhmania, Nastiti. Descriptive Analysis on Flouting and Hedging of
Conversational Maxims in the “Post Grad” Movie”. Jawa Tengah :
STAIN Salatiga.
TVONE. “[Full] Sidang Jessica Wongso 5 September 2016 (Beng Beng Ong)”.
YouTube. https://www.youtube.com/watch?v=ktD0l3N1b1E
Yule, G. 1996. Pragmatics. Oxford: Oxford University Press.
74
APPENDIX
APPENDIX I
Beng Beng Ong (pathologist)
00:06:50 after we ask you identity we also would like you and the translator
or the enterpreteur to take an oath before thi court.
75
Yes my lord.
00:07:18 Your name is Beng Beng Ong ?
Yes, My Lord.
00:07:24 Your place and date of birth ?
Penang, 10 November 1964
00:07:41 Sex ? your sex ?
Male
00:07:48 Your Religion ?
Budhist
00:07:58 your address ?
Now I’m staying 10th the enclif, number 10 the enclif underwood in
queensland Australia.
00:08:29 What is your citizenship, nationality?
Australia
00:08:39
Do you have any [of] family relationship with the [aaa][sus] [hhm]
with the defendant ?
No.
00:08:55 You are going to take an oath [aa] according to your religion.
I can take an oath according to religion or through affirmation. (1)
00:20:15 Please explain to us your experience as a forensic pathologist ?
My main type of work is to perform post-mortem examination, and
I perform roughly 2500 cases, apart from the autopsy work I am an
examiner for the royal college of pathologist AustralAsia in forensic
pathology, I am also in the comitee of the royal college in the
appointment of (spesialis terlatih), I am also a reviewer for several
forensic journal, and I am also in the international criminal court of
list of expert for forensic pathology.
00:23:03 Have you ever been assign to work as part of a forensic team in UK
or overseas ?
76
I have been two, At least two, one is to Cosovo and the second is in
Bali, Indonesia.
00:23:35 Why did you go to Cosovo ? what for ?
It is after the civil war, there were examine bodies that had been
touched (penyiksaan), and I was a pathologist under the British
forensic team.
00:24:20 What about your assignment in bali ? who assign you to go to Bali
?
It was through the Australian Federal Police because of the bombing
disaster in Bali.
00:24:42 what examination that you perform in Bali ?
I perform post of mortem (paska kematian) examination on the
victims.
00:25:04 was that, did you do that in the knowledge of the Indonesian police
of Indonesia, Indonesia national police ?
Yes, and I think that I was given a certificate of appreciation. (2)
00:25:22 By whom ?
Indonesian Police
00:25:29 For what ?
For assisting in the Bali bombing disaster.
00:25:45
Could you show us the token of the appreciation that you get from
Indonesian police ?
Yes
00:27:07
apart for being assign to Cosovo and Bali, have you also been assign
to other contries such as Samoa, Singapore, Bruney, and Australia ?
I have been an expert forensic witness in Malaysia, Singapore,
bruney, and Australia. I work as a forensic pathologist in Samoa
apart from Australia.
00.28.16 Have you ever make or have you ever written articles or publication
for journals ?
77
I have published about 19 articles on pathology in whereas medical
journal, I also have published 3 chapters of forensic pathology
subjects in international textbooks.
00.41.18
Could you tell explain to the court base on your expertise, matters
on the case that led to the death of the victim which clould be help
or assistance of for the court ?
I have prepared a power point presentation.
00.53.22
You are basically you are explaining that cyanide if inhaled the
effects will be different from when it is injected ?
Yes.
00.53.51 let me confirm with you first here we are not talking about death but
about collapse, is it true ? -base on your experience what is the
difference in terms of the time ellapse when somebody inhale
cyanide and when somebody ingest cyanide, before they collapse ?
Yes, Generally, inhalation will be faster that the ingestion. It is also
dependent to the consentration of the poison. So the higher doses
effects faster, and lower doses the effects will be slower. (3)
00.56.10
let’s say the amount of cyanide 100 mg, one is inhaled, the other
one is ingested, which one would ingest collapse faster ?
Definitely inhalation.
00.56.44
You said, you cited in the article that when the toxin ingested the
victim would collapse after 30 minutes, is that true or please give us
an explaination ?
The article states clinical symptoms will arise roughly after 30
minutes.
00.57.27 So clinical symptoms due to ingestion of cyanide would appear after
30 minutes more or less ?
Yes
00.58.59
If a person ingest cyanide and within 5 minutes he or she collapses
could it be concluded that the person collapse’s due to the cyanide ?
78
We have to do the examination to confirm. we cannot confirm base
on the clinical circumstances.
00.58.42 But you said that the symptons would appear after 30 minutes ?
Yes, because of that I cannot confirm that is due to cyanide.
00.59.25 we can see here Mirna is drinking, if I am not wrong less than 2
minutes later she collapses. Base on the theory and also based on
your experience if somebody collapse after drinking something
within a period of less than 5 minutes, could it be conclude because
of cyanide ?
I wouldn’t suspect that is cyanide. I would consider other causes,
including natural disease.
1.05.35 I would like to ask you a question did you find this in the document
that I have sent to you ?
This feature was not described by the pathologist when he describe
this slice.
1.06.09 what is your conclusion then ?
I would like to make the conclusion later.
1.06.33
once again, in the toxicology report that had been sent to you, you
did not find this ?
It is the autopsy report, yes I did not find this.
1. 10.48 before you go on to autopsy examination, I would like to ask you,
during the examination here did you find any traces of cyanide in
the liver ?
I think the toxicology report, there was no cyanide detected.
(Hedging)
1.33.10
Actually what do you want to say by showing this cases report, are
you going to say that if the amount of the cyanide ingested is this,
and the amount of cyanide found on the stomach would be this ?
This is illustrate, when cyanide is taken orally, we expect the very
high level of cyanide in stomach.
79
1.43.38
You said that based on your presentation , you said that the cause of
death is cannot be determine, and you have also erlier mentioned
about the negative result of liver and so on, can you say that or can
you conclude that the death in this case is not cause by cyanide ?
I will say that the death is very highly not to be cause by cyanide.
1.44.24 could you tell us what is an autopty actually is ?
Autopsy is an examination of the body to find a cause of death and
in other circumstances to confirm that the death was due to the
suspected mechanism.
1.46.33 so if a victim dies and the victim does not die in a hospital, but the
victim is brought to you as a pathologiest, do you have to perform
an autopsy in order to find out the cause of death of the victim ?
Yes certainly. especially when the victim is young.
1.47.02 why ?
Because they can be many different cause of death, and as I mention
earlier the death can be natural, and we got to find out the cause of
death, not only for the family, but in some circumstances because
the victim is young, he or she might die from a condition that is
inheritable. And we do the post-mortem examination we can advice
the family if we find a genetic cause. We need full toxicology
examination especially if the person is young.
02:49:40 Without post-mortem change would it be possible for the (cairan)
was negative to turn into positive.
I do not think so. it is not possible.
1.50.40
So the amount is very little, could the cyanide be detected with this
very little amount ?
The first thing that I am not a toxicologist, but I know that the
sensitive instruments they can analize on very little amount, but the
important thing in here that is the toxicology result by the
toxicologist, so I assume that the result is valid. In my center, if I
80
sent a sampel and they cannot analize it I would get result back as
insufficient for analisys. (4)
1.52.56 If the result is already there then meaning that the result is valid ?
That is what I assume.
1.53.14 is it your assumption or your conclusion ?
My conclusion because it is a sign report.
1.57.48
In this case they are not perform any autopsy, but they have taken
samples from the body, do you think that this is enough to
established the cause of death ?
No. especially in a young person. As I explain earlier we have to
look at all the internal organ to look any natural cause of death. Then
we look at the toxicology result and based on the finding and result,
we conclude the cause of death. We just cannot do one investigation
and hope that, that would bring the cause of death
1.59.42 If autopsy is to be perform, which part of the body shal be examine
?
I will examine all the major organs. That is the brain, heart, liver,
lungs various endeocrine organs, the gastrointestinal organ, kidneys
and bladder, genetalia organs.
2.01.03 Do you think that for any death respective of the case, autopsy shall
be perform ?
If a person is ready known to be ill, and a doctors is willing to issue
the cause of death, then it is probably not necessary. But for young
person who died unexpectedly. I think, autopsy is necessary.
2.2.27 If you have no idea about a background of the victims and then the
victim was brough to the hospital shall pathology, pathological
examination be perform on the victim ?
I think so, because we don not know the cause of death, we do not
know, there is no medical background he essentially, we have to find
out what he or dhe dies of.
81
2.3.54 You said earlier that the cause of death of the victim in this case
Mirna cannot be ascertain, how ever you also said that it is not
because of cyanide, is that the statement that you made ?
Yes, as I mentioned earlier. All the test for cyanide, at all the internal
organs including the stomach-aspirate are negative. Except for the
stomach contains only a low lever was detected. There is nothing in
the test to show that the person has dies from cyanide toxicity or
cyanide poisoning.
2.05.55 What do you mean by found in a small amount within the body of
the victim. Do you refer to the …. (cairan lambung) after the
embalming ?
The stomach contains after the embalming obtain during the autopsy
examination which is BB5.
2.06.33 While the result for BB4 are negative ?
Yes and because it is negative, it means that it is very, we can rule
out she died from cyanide poisoning.
2.07.29 You said earlier that the because of the reason that you have
mentioned the cause of death of the victim cannot be ascertain,
please explain to us what did you mean by that ?
That means the victim or the individual has (meninggal) by from a
condition. But because no post-mortem examnation then the
condition cannot be found. Enhance, the cause of death even has not
ascertain.
2.09.19 In the case, like this. There are 2 experts are involved, the first one is patholoigist,
the other one is toxicologist, in your opinion which one has a competence to
determine the cause of death ?
The first thing is that the cause of death is usually sign out by the medical doctor.
Wheter he died in a hospital or died after post-mortem examination. The second one,
in a case of autopsy, the pathologist examine the body take samples for toxicology,
and review the result, and base on the post-mortem examination and toxicology
82
result, he will then conclude the cause of death. The toxicologist only look at the
toxicology result and therefore he cannot conclude the cause based on one item.
2.12.01 If this is the case, can a toxicologist determine the cause of death of the victim ?
I don not think so
2.12.17 So are you saying that only pathologist are able to or have competence to determine
the cause of death ?
In post-mortem case, yes. In a case of autopsy, yes.
2.12.49 What if there is no autopsy being perform, in this case only samples are taken from
the body, in this case can the pathologist also has authority or competence to
determine the cost of death ?
The pathologist have to consider carefully because it is only base toxicology result
and nothing else.
2.14.14 I would like to ask you question concerning what you explained earlier about the in
term of time, between cyanide poisoning by inhalation versus by ingestion, the
question, how could that happen in case of suicide ?
In a person who has intention to commit suicide, when the takes the poison, he will
ensure that he takes a large of doses, and because of that the poison will act faster, so
in case of cyanide, because cyanide is a very strong poison, death manifestion will
come in very early, even that literature has say that would take at least 5 minutes if
not longer for symptoms to manifest. In case like this when the victim has only tak a
sip. The amount of cyanide though adequate to kill, is just about the little lever and
the manifestation may take even up to hours and death may occure only after this.
2.18.31 Lets us assume that 20 ml of cyanide get into the body of the victim and that amount
is equated 289 mg of cyanide, so how come could that the result of the examination
found negative in the stomach ?
Some of the cyanide will be absorb in the body to cause effects to the person. There
were still a fair amount , still left in the stomach for detection.
2.20.17 How much cyanide could be left in the stomach ?
I think it is vey difficult to estimate because we do not know what really happen to
the person, but assuming that the stomach contains a bit of fluid, when you diluted
83
298 mg over cyanide, the consentration still very high. For example, if there is 100
ml of fluid in the stomach, the consentration will be about 2000, so even is some of
cyanide has been used up, there were still be a high consentration left behind.
2.22.22 You mean how much when you say a large content of stomach, how much, could
you mention it ?
I expect to be about 100-1000 and this has been illustrated in the two cases report.
2.23.10 Lets say if the cyanide after the investigation of the cyanide, the cyanide would get
in the stomach and the syanide will go in the system, will the cyanide be detected in
the liver ?
I think that definitely,
2.23.41 In this case, has any cyanide been found the liver ?
According to toxicology result, no.
2.24.03 You said earlier in your presentation that one of the symptoms of cyanide poisoning
is bright-red discoloration, could you please explain or elaborate more on that ?
The reason why the person look bright red is because of the way of cyanide works,
the cyanide will inhibit an enzyme known as Cythochrome C430, to put in simple
terms, it was stop the body from using oxygen. the blood on the body will contain
oxygen, as we know oxygenited-blood is bright red in color, the blood that where
oxygen has been taken away will be more dark or dusky red. Because there is a lot
of oxigenited-blood in the person who died from cyanide toxicity, they will reveal
(dari kulit).
2.26.51 What about the lips, would not the lips color turn in to dark and blackish color ?
Less tendency for this to change occure in a person who died from cyanide poisoning.
2.28.11 Earlier you have explain about this picture, you mention that this is a picture of
vacuolation of Basal cell, could explain once again because you earlier you
mentioned that vacuolation is a sign of cyanide poisoning which you could not found
in the report ?
Let me clarify, this feature has been seen in people who die from Cyanide poisoning
and shows erosion of the stomach. In the pathologist report he actually examine the
stomach and describe the histology report, he did not describe this feature.
84
2.30.10 Even the fact that there are no such a features in the toxicology report, what
conclusion can you make?
First, Correction, it is not the toxicology report, it is the pathology report. The second,
as I mentioned earlier you do not just take only one feature, you look at the overall
features and then you can make a conclusion and base on this, as I mention in my
slide the victim did not show any feature of cyanide toxicity, the clinical features are
not typical and the toxicology analysis doe not point to cyanide and when we base
on overall these features then my conclusion is the cause of death Is not ascertain and
she does not appeal to die from cyanide toxicicty.
2.32.48 Before I ask questions, I would to confirm whether or not you an Australian citizen
?
Yes
2.35.15 What is the objective or the intention of you coming in Indonesia ?
I consulted by Mr. otto regarding this case, I was given the information and after
reviewing the information, I told Mr. otto that I can assist him.
2.36.12 When did you came to Indonesia ?
I came on Saturday, 3rd of September.
2.39.24 With what visa did you came to Indonesia ?
I came with a visitor visa
2.39.41 Visitor visa, what kind of visit?
There is no form to fill
2.40.42 Do you give consultation and then give an expert witness before this court in
accordance you with your profession ?
Yes
2.41.01 Do you receive fee for that ?
-
2.48.12 Apart from the forensic pathology examination that you conducted during the Bali
bombing in Indonesia have you ever done any forensic pathology examination in
Indonesia.
No.
85
2.48.48 Have you ever performed forensic pathology examination on a body who was dead
suspected of cyanide poisoning ?
Yes
2.49.16 Where ?
In Brisbon.
2.49.32 What case of cyanide poisoning did you examine in Brisbon ?
It is a case of a boy who use chemicals to produce hydrogen cyanide and die as a
result.
2.50.09 You said hydrogen cyanide, does it mean the cyanide in the form of gas ?
Yes
2.52.01 Is it true you said earlier that cyanide poisoning orally will take about 5 minutes or
also hours before death ?
Yes, usually the first presentation that come out is the symptoms, not death.
2.52.50 You said earlier, you mentioned 5 minutes until hours, what do you mean by that, do
you refer to the manifestation of symptoms or death, 5 minutes after cyanide
poisoning ?
I refer to manifestation of symptoms.
2.54.42 In Australia for every death that is not natural, for example because the person is
murdered shall an autopsy be perform in case of that ?
We perform an autopsy for all suspicious cases.
2.55.42 Are you aware of the sociological condition in Indonesia regarding the requirement
for autopsy ?
No.
2.56.11 Do you understand Indonesian regulation on autopsy can be perform or not ?
No.
2.57.23 In your opinion is it possible if autopsy is not perform, and it is possible to conduct
external examination in order to establish the cause of death for example CT scan or
other types of technologies ?
First of all, an external examination is consider as type of autopsy. So if this modern
technology like CT scan due show the cause of death sometime is acceptable that
86
external examination with review of the CT scan would be adequate. In most cases
are related to trauma wheter are extensive injuries.
2.59.45 Are you saying that if external examination is enough, adequate, then autopsy is not
necessary ?
If you mean internal examination, then yes. that will depend on in Indonesia
jurisdiction or the countries or other state that orders the autopsy.
03.00.45 Are you saying that it depend in the jurisdiction of the states ?
Yes, in Australia the death investigation system is different each states.
03.01.20 States in Australia differs from one state to another ?
The syst,e is the same, the corner system, but they run their own jurisdiction.
03.01.50 Is there an International regulation applicable worldwide concerning in order to
establish the cause of death ?
There is no international convension or regulation on death investigation system. In
general, regarding autopsy we do have scientific meetings among the pathologist,
discussing about cases and other scientific matters.
03.07.23 If full autopsy is not perform, I mean full autopsy, checking all the major internal
organs is not perform, could it not possible to establish the cause of death ?
You still can establish the cause of death. If it can be clearly shown from the external
examination.
03.11.12 He would like to know if no embalming is performed how long does take for the
organs to deteriorate, so he would like the comparison if embalming perform and not
performed. Another question is which part of the body will be the first to deteriorate
if no embalming is conducted and if embalming is conducted and If emabalming is
conducted ?
Again there are many factors that beside on the speed of decomposition, for example
environment temperature or the person is ill with already infection, and then
decomposition process will be faster. So it is very difficult to give a fix period. If the
body has been embalmed and again it depends how effective is the embalming
process, the process of decomposition will be very much retarded. If you want to give
a specific time period, it is not possible to give a specific period. It is also the same
87
with organs. In general,it is intestines that deteriorate first. But sometimes it can be
some other organs.
03.16.55 In other words it cannot be ascertain that the corrosiveness found on the stomach-
lining is due to post-mortem changes ?
Yes, I agree that.
03.17.31 Is there any possibility that the victim already suffer from corrosive stomach-lining
before dead ?
She might suffer from some natural condition like gastritis but not something
corrosive.
03.18.46 I would like to know whether you agree with the opinion that says the corrosiveness
of the stomache-lining is cause by the impact of corrosive material ?
If there is proven corrosive on the stomach-lining, then yes.
03.19.30 If you ever studied the properties of cyanide ?
Yes
03.19.55 How did you study the properties of cyanide ?
Read up from textbooks, from journals, and also look at images of cases that had
been perform and I also learn form cases that I perform and other has performed.
03.20.35 Only by that way ?
Yes
03.21.04 Do you have certificates showing your expertise on Cyanide ?
I do not have certificate, and I am not aware if there is such a sertificate.
03:23:07 I would like to know your knowledge about the absorption of cyanide into the body
orally ?
Cyanide would enter to the mouth, and then go through the esophagus into the
stomach. Some of the cyanide maybe absorb from the stomach into bloodstream. If
there is time some of the Cyanide will enter the intestines and will be absorb. They
are absorb into the intesting system the first place where it flows is to the liver. In
ther liver, it will try to detoxify some of the Cyanide, but if there is too much Cyanide
it will then pass the liver and go into the heart, well it will be spread out to rest of the
organs system.
88
03:26:12 Does it means that the other organs do not contains cyanide ?
Yes, because the poison is still not pass the liver yet.
03:31:25 In case of cyanide poisoning, what internal organ will cause the death of victims, is
that the brain, the heart, ir the liver or what ?
Cyanide does not target any specific organs. The main mechanism is to blind the
chytochrome enzyme. Which contains in all internal organ and because of that all the
external organs cannot use oxygen. So death is usually cause by the failure of these
organs using oxygens. In most cases because the brain and the liver needs oxygen to
function, the failure of the organs to function, will probably be responsible for the
person death.
03:33:55 So the inability of the internal organs to get oxygen is the cause of the death ?
Yes, that is correct.
03:34:04 Could you please explain how long it will take since investigation of the cyanide
into the body orally until the internal organs are not able to take oxygen ?
I think that to measure that we only can look at the clinical presentation and it stated
in literature it usually takes about more than 5 minutes to even a new hours, and I
think that the reason why there is range of time it is because it could be due to
different doses and the health of person. In general, if the doses higher, clinical
manifestation will be faster. If the person has health problem then the manifestation
will be faster in these group of people. So I cannot give a specific time.
03:37:00 So you cannot give any specific time frame estimation because everything is depend
on the clinical presentation ?
Yes
03:41:00 Could you please explain to me the symptoms of person who died of heart attack ?
As far I know, they have chest pain then they may have feel nauseous, and sweating
and beat of breathlessness, and of course they get collapse and die. In most of our
cases with heart attack they just die suddenly without any obvious symptoms.
03:42:46 If somebody dies of lung problems or meningitis, could you please explain to us the
symptoms ?
89
I think that for the first we go to meningitis , because it is an infection, they will have
fever, and because the infect the brain, they will have headache, and sometimes they
can have spasm of the neck, and if the condition is serious, they can became
unconscious and eventually die, and for lung problem, it is too general question, not
a specific illness, so all I can says that it is probably present some respiratory
problem, if it is serious enough.
03:45:05 Connected the explanation and also with the video that has been shown in which the
victim in this case Mirna, do you found any symptoms like the one that you have
describe for meningitis, for heart attack, and also lung problems ?
All I saw, she suddenly collapse backward.
03:46:44 Did you see on the video that Mirna use her hand ‘like this’ ?
I saw that movement by her.
03:47.51 Did you see on the video, after taking sip Mirna put her hand in front of her mouth
and then wave her hand ?
The video was blur, but I think that was she did.
03:49:07 If a person drink baverage which contains cyanide, so far after you red journals,
literatures, and other scientific textbooks, what would a person feel out tongue after
ingesting cyanide ?
There is actually nothing much on the taste on how the person feel about the taste of
cyanide but I presume the taste would be unpleasant.
03:49:46 Would the person feels something hot in the mouth after ingesting cyanide ?
This was not describe in literature
03:50:40 What symptoms would appear if the internal organ fail to take oxygen ?
Essentially, the main is the internal organ would not work and they will go to into
multiple organ failure, and the person will feel very ill and may go into comma and
eventually death.
03:53:14 As far as this cases concerning Mirna, the symptoms that Mirna has shown can you
conclude base on this symptoms because of the failure of internal organs to take
oxygen ?
No, I said, in a person who suddenly collapse they can be many other causes of death.
90
03:54:02 Is it because the internal organ are not able or cannot use oxygen ? It is one of the
reason for that ?
If the internal organs cannot use oxygen, then of course effects the organ like the
brain, or the heart, then of course the person can die suddenly.
03:54:53 My question is you see that Mirna, that the victim collapse on the video now, can this
because by failure of internal organs to take oxygen ?
Yes.
03:55:32 You said that the corrosiveness on stomach-lining is caused by a corrosive material
that is ingested, that is taken into the body ?
I said that if the pathologist has concluded that it has to be due to corrosive material.
03:56:33 Could you explain what materials would corrode the stomach ?
Any corrosive material, like a strong acid and strong alkali.
03:57:09 You said about strong acid, could you explain what is strong acid ?
Like strong hydrogen chloride, hydro sulfide.
03:57:36 If the substances get in to the body, can the substance be found on stomach-lining ?
Yes
03:58:32 If laboratory test found that no other substances were found except for cyanide, is
there any possibility of any chance for materials other that cyanide to get in to the
body ?
Like I said, the first thing we got to confirm that there is actually corrosion on the
stomach, that is why I always said that we should do a full autopsy. Because if do a
full autopsy, if there is a corrosive material then should be also corrotion on the mouth
including the tongue and esophagus . but because no autopsy was perform, the
finding of the corrotion is only limited to stomach, and because of that I am doubtfull
wheter the finding by the pathology actually corrosive stomach.
04:00:46 You are not sure, you are in doubt ?
Yes, about the fact that the stomach is corrosive.
04:01:18 Earlier legal adviser ask you question you said that wheter this is because the cyanide,
and your answer was ‘no’, so I want to ask what is your real answer, are you in doubt,
doubtful is the answer or ‘no’ is your real answer ?
91
I am not really sure the question, but this is what I have to say. If there a corrotion
then of course that should be a cause of corrotion. But if there is not then there are
may not be corrotion. If there is a corrotion I noted like what you say that cyanide
was only detected in the stomach, the toxicology did not report that there is any other
poison or corrotion in his report and that is because from I read it, he did not attempt
to look for anything else in the typical toxicology report like what I get in Australia.
the report were say ex-material is detected no other drugs or alcohol detected. I do
not see this statement in the repost. So take it that the toxicologist has not perform
any further test.
04:04:39 Is cyanide a corrosive material ?
It is corrosive to a certain extent. strongest effect of cyanide is not the corrosive, the
toxin that causes the inability for these cells to use oxygen.
04:05:56 If a person ingest a toxin and who has the authority to say the contain of the toxin left
in the body, is it the authority of pathologist or the authority of toxicologist ?
The pathology perform the post-mortem example the organs and take appropriate
specimens for toxicology, and when the toxicology result come back he will look at
the toxicology the case entirely take into account the findings of the internal organs,
just to correction, take into account the external findings, which is internal organs,
and toxicology result, and base on all these then he will give a cause of death. we
usually do not like to give a cause of death just based on one result.
04:8:29 My question is actually this, whay I meant Is this, for example the victim ingest 20
ml of cyanide however the cyanide found left in the body is only 1 ml, so there is a
lost of 19 ml, who has the authority to explain about this, is it pathologist or
toxicologist ?
First of all, I think that the volume is misunderstood, 20 ml is (…) have been absorb,
it does not mean it is 20 ml cyanide, it is 20 ml coffe containing cyanide and
according to toxicology there is about 289 mg of sodium cyanide, that is the toxicolist
calculation. This 298 mg cyanide will be mix with whatever liquid that is still
remaining in the stomach and when the toxicologist calculate this amount of the
cyanide, he calculate as consentration, not the amount the cyanide.
92
04:11:40 So who has the right to determine or say that the contain of Cyanide lesft in the body,
is this amount different, with the cyanide being ingested, is it the pathologist or the
toxicologist ?
I think, the question is very abstract, but all I can say that the pathologist is the one
who examine the body, and he gives the collected specimens for the toxicologist to
test. So the toxicologist apart for examine the specimens, do not even come close to
the body. so I think that the toxicologist would not be the one that will measure the
volume of the gastric containing during the time of autopsy, yes, they will measure
the volume when ti is to the lab but not during the autopsy.
04:14:18 If for example there is a toxicologist says that the cause of death of person because
of insecticide and while the pathologist says that the cause of death of the person is
because of toxins, could it be ascertain that the cause of death of the person is actually
because of insecticide ?
Like I said as a pathologist, I will take in to account or the findings, if I perform the
autopsy and I think that a person die from some form of poisoning, and the report
from the toxicologist says that it is poisoning, just the correction, the report from the
toxicologist said that there is a thickly level of poison, and then from my findings
and toxicology result, I will conclude that the person has die from poisoning. that the
toxicologist has determine. The toxicologist usually will give you the level of the
concentration of the drug or poison. But the pathologist will interpret the result and
conclude that is the cause of death.
04:17:34 You said earlier that Cyanide could be found at post-mortem ? and the cyanide could
be found in the blood, the liver, and also in the stomach, in accordance with the result
of the symposium that you have red ?
Yes, that correct.
04:18:26 According to the result of the symposium, in order to, shall Cyanide be found in the
blood, the liver, and also in the stomach ? is it a must that cyanide has to be found in
the blood, in the liver and also in the stomach ?
Again, the post-mortem production is dependent on several process, some of the
process is chemical, some of the process is due to bacterial producing the cyanide,
93
because of this different origin, the production is also inconsistent. You may find in
the blood and not anywhere else, or similiarly you can find in the stomach and not
anywhere else.
04:21:39 Based on the journal and literature that you have red, how much Cyanide could be
produce at maximum ?
The articles that I showed, quantified but some others article does not quantified,
what they mention was the level produce is very low.
04:22:49 When you said very low, could you say how much, could you mention the amount ?
Based on the article I used, it is mentioned up to 1 microgr/ml, if I convert it to mg/l,
I think it is 1 mg/l.
04:24:50 You earlier said that inhale cyanide could (membuat ) the symptoms faster ?
Yes that is definitely correct.
04:25:14 Are you referring to Hydrogen Cyanide or to Natrium Cyanide that has been mix
with water and then evaporate ?
The main gas of Cyanide is Hydrogen Cyanide, it can be produce using chemicals,
in the stomach Sodium Cyanide will mix with the acid in the stomach and will form
Hydrogen Cyanide. The gas that you mention from Sodium Cyanide, is also the
Hydrogen Cyanide actually.
04:26:06 The aroma to the smell of Cyanide you mention that the smell is like bitter almond ?
Yes it is typically like bitter almond.
04:27:06 That means that the Cyanide has not been mix with other ingredients or other
materials, if the cyanide mix with coffee, do you know what smell would come out ?
I do not think that I will smell Cyanide mix with coffee.
04:28:08 What I mean is that if Natrium Cyanide is put into coffee will the aroma smell like
bitter almond ?
I am not an expert in mixing Cyanide and coffee. I do not think I should answer this.
04:29:04 Based on the data that had been give to you by the legal adviser have you conduct an
experiment of Cyanide by mixing it with coffee ?
No
94
04:29:40 You mentioned that cherry red discoloration is one of the symptoms of Cyanide
poisoning, is that true ?
Not cherry red, but bright red.
04:30:10 In which part of the body that the discoloration will appear and how long with it take
until the discoloration can been seen or become visible ?
The discoloration typically seen in the area of Hypostasis, and is due to gravitasional
blood, so in a person is lying face up, the blood will collect at the back, so this red
discoloration will be most distinct at the area of Hypostasis.
04:31:48 How long that it is take until the discoloration become visible ?
I think that once the Hypostasis start to diappear, then I think that the color will be
lost. In a person who has not been embalming Hypostasis may last for 2 – 3 days.
Look at my slide I mention all these symptoms in the first three sentence or points, I
also mentioned it at the power point that all the findings may of may not he present
in all the cases of Cyanide poisoning.
04:40:04 Can everybody smeel the bitter almond in ther presence of cyanide ?
Not everyone can smeel, because there is a genetic ….. that some people cannot smell
that smell.
04:41:54 You said that without autopsy the cause of death in this case cannot be know ?
Yes
04:42:12 Can you explain what data that you get for analysis in this case ?
The reason why I say it is not ascertain. One, there is no examination for the internal
organs, and because of that any possible causes of death has not been look for. The
second one, the post-mortem features was not describe or found. And finally, the
toxicology result is not conclusive. My conclusion based on all these points and not
just one point.
04:43:57 So you look comprehensively in to the case base on the data that you have obtain ?
Yes
04:44:10 If some of the data is missing, would that effect your conclusion ?
Of course yes
04:44:45 You said earlier about symptoms before death, in this case what data that you get ?
95
It is based on a description from literature, including books and journal.
04:45:21 For this case, you get the data from what documents ?
I have the data of the autopsy report, visum entrebentum, toxicology report, and some
toxicology statement, and medical notes, and also from the video.
04:46:29 Is that all ?
Yes
04:46:34 As far as the video has concern, are you aware that the video shown a small part
sequences of events that actually happened ?
No, but I believe that it should be longer video.
04:47:07 We would like to check your knowledge first, what did you see from the video, in
terms of symptoms ?
The way I see from the video is that after she is taken a sip of coffee, she has suddenly
collapse onto the back of the seat, and that is all I saw.
04:48:10 Did you see any symptoms of respiratory problems, headache, that or seizure, thqt
qre consistant with the symptoms of cyanide poisoning ?
No
04:48:43 Are you aware that there are other person who taste the coffee and said that the person
got nausea, difficulties in breathing, and other symptoms ?
No
04:49:12 with the additional data is present. is this consistently the symptoms for cyanide
poisoning that you have mentioned ?
It is consistant, but the symptoms very general here.
04:50:48 What do you mean ?
There are many causes of a nausea or respiratory difficulties.
04:50:15 Can the symptoms react so rapidly if it is not because cyanide poisoning ?
The first thing is that these symptoms is very general and can arise due to other
factors, not necessary due to ingestion of a poison.
04:52:51 In your opinion did you know what substances were In the Vietnamese ice coffee
that the victim has take a sip of ?
Yes it is in the toxicology report, and that cyanide was detected.
96
04:54:35 What is your opinion after you know about there was cyanide in the Vietnamese ice
coffee that the victim has ingested ?
Again what I want to say is that I look at the whole picture. I agree with you there
are circumstancial evidence that she might ingest the cyanide, but there is no factual
evidence to show that she has die from cyanide poisinong, and because of that I
conclude that the cause of death is not ascertain.
04:56:31 Base on your expertise experience, could the circumstances evidence that you have
mentioned be use or determine the cause of death ?
It will give me an idea base on the circumstancial evidence, that she might die from
cyanide poisoning, but there is nothing to show from the toxicology result and the
examination of the body. the circumstancial evidence is that coffee is positive and
now that I learn some of the person who has tasted the coffee may have shown the
symptoms of cyanide toxicity. But the overall conclusion, is still the same, that the
cause of death cannot be ascertain.
05:02:12 If the autopsy cannot be done because of the objection from the family of the victim,
what other measures can be taken in order to ascertain the suace of death ?
I think if no autopsy can be perform, in Australia at least we will ask for permission
to get to extract the blood, that is just require small … point to obtain the blood from
the body.
05:03:37 If autopsy cannot be done, is the taking of samples from the bail, urine, liver, and
stomach, can be a way to ascertain the cause of death ?
Yes, the better sample for specific for cyanide poisnoning is actually blood.
05:04:36 It is possible to get to extract blood, if It is not possible to get to extract blood, what
should be done, and also the victim had already embalm ?
Because it has been delayed, and I can understand it is because of legal system here.
This lost opportunity of confirming death was due to from cyanide toxicity, or to
exclude death due to cyanide toxicity, and because of this lost opportunity we cannot
astablish the cause of death in this case.
05:06:33 You mean that there is no other way, based on you expertise that there is no other
way ?
97
Yes
05:09:04 The question is whether the volume mentioned here, that 0.1 ml is the ideal volume
in order to conduct the analysis ?
The analysis was perform by the toxicologist, and I am not the toxicologist.
05:09:57 Well I know that you are not the toxicologist but beased on your expertise do you
know that if the remain liquid only 0,1 ml, can toxicology analysis be done ?
Again, you have to ask the toxicologist.
05:10:29 Have you ever conducted a test using liquid with the volume of 0.1 ml ?
No
05:11:11 Once again, what is the ideal volume in your opinion in order to conduct the analysis
of liquid ?
Again I am not a toxicologist, I do not the technical details.