Court mix-up thwarts justice<\/p>\n
Muninggar Sri Saraswati, Jakarta<\/p>\n
The Supreme Court admitted to administrative shortcomings on
\nFriday that resulted in a failure to deliver a copy of the
\ncourt's final verdict on convicted corruptor David Nusa Widjaja
\nto prosecutors for execution.<\/p>\n
\"We're still trying to find where the file is,\" Moegihardjo,
\nwho heads the court's criminal cases administration division,
\ntold reporters.<\/p>\n
He said the problem had arisen following the replacement of a
\nnumber of court clerks and administrators, including those who
\nwere responsible for the file on David.<\/p>\n
The Supreme Court sentenced David, a banker, in July 2003 to
\neight years imprisonment and fined him Rp 1,297 trillion (US$1.38
\nmillion) to cover the cost of the losses he had inflicted on the
\nstate.<\/p>\n
The West Jakarta District Court convicted David, the owner of
\nBank Servitia, and sentenced him to one year in jail for
\nembezzling Rp 1.27 trillion in Bank Indonesia Liquidity
\nAssistance (BLBI) funds on March 12, 2002. The court allowed him
\nto remain at liberty pending appeal.<\/p>\n
When the Jakarta High Court ordered his detention while it was
\nhearing his appeal, the prosecutors said they could not find him.
\nHowever, the prosecutors did not declare him a fugitive. The high
\ncourt eventually sentenced him to four years imprisonment.<\/p>\n
Justice minister Yusril Ihza Mahendra said later that
\nimmigration records revealed that David had fled the country.<\/p>\n
On Thursday, the Attorney General's Office (AGO) complained
\nthat prosecutors could not take action to ensure the proper
\nexecution of the verdict against David, alias Ng Tjuen Wie.<\/p>\n
The AGO, however, failed to explain why the prosecutors did
\nnot contact the Supreme Court to ask for a copy of the verdict
\nshortly after it was handed down.<\/p>\n
By contrast, prosecutors took the initiative of recently
\nasking for a copy of the Supreme Court decision that rejected the
\nrequest for a final review filed by convicted drug dealer Ayodhya
\nPrasad Chaubey. Chaubey is now on death row.<\/p>\n
The West Jakarta Prosecutor's Office finally asked the Supreme
\nCourt for a copy of the verdict on May 26 of this year -- 12
\nmonths after the verdict had originally been handed down -- but
\nto no avail. It remains unclear why the prosecutors waited so
\nlong to seek a copy of the Supreme Court judgment.<\/p>\n
According to the law, prosecutors can only execute a verdict
\nafter they have received a copy of it from the relevant court.<\/p>\n
Negligence in case administration on the part of the courts
\nand public prosecution service has been widely blamed for
\nallowing high profile wrongdoers to easily escape justice.<\/p>\n
Despite the fact that the state was defrauded of more than Rp
\n137 trillion in BLBI funds, many of the suspects were acquitted
\nor given light sentences, while the rest fled abroad.<\/p>\n
High profile bankers Hendra Rahardja, Eko Edy Putranto and
\nSherny Konjongian of BHS Bank were tried in absentia. While
\nHendra eventually died in Australia, Eko and Sherny's whereabouts
\nremain unknown to the present time.<\/p>\n
The state is frequently unable to recover its losses in many
\nfraud and embezzlement cases as those who are convicted have
\nalready transferred their assets abroad.<\/p>\n
Another convicted corruptor, Samadikun Hartono of Bank BUN,
\nalso managed to flee abroad after the Supreme Court rejected his
\nappeal.<\/p>\n
The Supreme Audit Agency revealed in 1999 that 48 commercial
\nbanks had misused 95 percent of the Rp 144.5 trillion extended to
\nthem by the state between 1997 and 1999 to aid them during the
\neconomic crisis.<\/p>",
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