Court case delayed because Tommy needs 'a little rest'<\/p>\n
Muninggar Sri Saraswati, The Jakarta Post, Jakarta<\/p>\n
Hutomo \"Tommy\" Mandala Putra claimed to be sick Wednesday when
\nstate prosecutors were scheduled to present their sentence
\nrecommendation, forcing the Central Jakarta District Court to
\npostpone the hearing until Monday.<\/p>\n
Presiding Judge Amiruddin Zakaria read out a letter from a
\ndoctor at the Cipinang Penitentiary in Central Jakarta, where
\nTommy was being treated, saying that Tommy, 39, was sick and
\nneeded \"a little rest\".<\/p>\n
Dr. Ilham, who signed the letter dated July 10, said Tommy
\nsuffered from gastro enteritis, but he did not elaborate. He also
\nleft blank the number of rest days Tommy needed to recover.<\/p>\n
Gastro enteritis is the inflammation of the intestines in the
\nstomach.<\/p>\n
Chief prosecutor Hasan Madani said that the letter was
\n\"strange\" and reminded the judges that Tommy's detention term was
\nabout to end.<\/p>\n
Article 26 of the Criminal Code Procedure says that a court is
\nable to detain a defendant for a maximum of 90 days during the
\ntrial, but must release the defendant in the name of justice if
\nthe court fails to deliver a verdict in time.<\/p>\n
Article 29 allows a court to extend the detention period for a
\nmaximum term of 60 days should the defendant face a charge that
\ncarries a term of at least nine years in jail.<\/p>\n
Tommy's detention term will end on Aug. 3. He was detained by
\nthe police on Nov. 28 and the trial began on March 20.<\/p>\n
Judge Amiruddin looked calm and postponed the hearing until
\nMonday.<\/p>\n
\"We usually order an independent team of doctors to re-check a
\ndefendant's health. As we must accelerate the hearing, I wouldn't
\ndo that. But I order prosecutors to check him physically in the
\npenitentiary,\" he told the court.<\/p>\n
Amiruddin, who also presides over the trial of House of
\nRepresentatives' speaker Akbar Tandjung, Winfried Simatupang and
\none other defendant in a fraud case involving the alleged misuse
\nof Rp 40 billion from the State Logistics Agency (Bulog), was
\nangry when Winfried claimed he was sick two weeks ago.<\/p>\n
Madani said after Thursday's trial that he would not speculate
\nwhether Tommy tried to buy time by claiming that he was ill.<\/p>\n
However, spokesman of the court, Judge Andi Samsan Nganro, one
\nof the five judges handling the case, said that a defendant could
\npossibly take advantage of loopholes in the law to buy time so
\nhe\/she could be released.<\/p>\n
\"We are aware of it, but we must guarantee a defendant's
\nrights. The defendant claimed that he was sick and the doctor has
\nconfirmed it, so we must respect his right. However, he must
\nappear at the trial next Monday, otherwise, we will possibly
\norder the prosecutors to use force to present him before the
\nhearing,\" said Judge Andi.<\/p>\n
He said that article 154 of the Criminal Code Procedure
\nallowed the use of force if the defendant refuses to attend the
\ntrial after being summoned.<\/p>\n
Judge Andi asserted that the court will accelerate the
\nhearings to make sure that they can present the verdict on Aug. 3
\nat the latest.<\/p>\n
\"We will possibly hold two hearings twice in a week,\" he said.<\/p>\n
There will be four more hearings before the judges hand down
\ntheir verdict. The first hearing is for the prosecutor to present
\nhis sentence recommendation, the second is for the defense, the
\nthird is for the prosecutors' to respond to the defense the
\nfourth is the last plea.<\/p>\n
Tommy is charged with conspiracy to murder Supreme Court
\nJustice M. Syafiuddin Kartasasmita, illegal possession of fire
\narms and fleeing from justice.<\/p>\n
He faces a maximum penalty of death.<\/p>\n
Syafiuddin, one of the judges who sentenced Tommy in September
\n2000 to 18 months in jail for corruption, was shot to death while
\nhe was on his way to work on July 26, last month.<\/p>\n
The same court two months ago sentenced two of Tommy's
\naccomplices to life for their parts in the murder.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/court-case-delayed-because-tommy-needs-a-little-rest-1447893297",
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