Court told to reject ex-banker's pleas<\/p>\n
JAKARTA (JP): Prosecutors asked the South Jakarta District
\nCourt on Monday to reject the arguments advanced by the lawyers
\nfor former Bank Aspac director Hendrawan Harjono and asked the
\ncourt to continue with the trial.<\/p>\n
Hendrawan is being tried for allegedly misallocating Rp 583.4
\nbillion (US$63.4 million) in Bank Indonesia Liquidity Support
\n(BLBI) funds.<\/p>\n
\"The counterstatement made by the lawyers is not supported by
\nstrong legal grounds and arguments,\" prosecutor Soetantyo told
\nthe hearing presided over by Judge Muchtar Ritonga.<\/p>\n
Soetantyo said the lawyers' counterstatement ran contrary to
\nArticle 156 of the Criminal Code Procedures, which stipulated the
\nprocedures for filing objections to a court's jurisdiction to
\nhear a criminal case.<\/p>\n
\"The prosecution has accurately and thoroughly compiled the
\nindictment in accordance with the law.<\/p>\n
\"Therefore, the South Jakarta District Court has jurisdiction
\nto hear the defendant's case based on the prosecutors'
\nindictment,\" he said.<\/p>\n
Hendrawan, along with then Bank Aspac president Setiawan
\nHarjono, was arrested in April this year over his alleged
\nwrongdoing.<\/p>\n
Setiawan, who is to be tried separately, has yet to appear in
\ncourt as he is currently hospitalized in the Mitra Keluarga
\nhospital in East Jakarta.<\/p>\n
In his counterstatement to the indictment, lawyer L.M.M.
\nSamosir said the prosecutors had failed to produce sufficient
\nevidence to justify charging the defendant.<\/p>\n
Samosir further said the prosecutors should not have charged
\nthe defendant under the 1971 Law on Corruption, but rather under
\nthe 1992 Law on Banking.<\/p>\n
He argued that BLBI cases involving another 47 banks had been
\nsettled through the offices of the Indonesian Bank Restructuring
\nAgency (IBRA).<\/p>\n
\"We are unable to understand why only (our client) Hendrawan
\nof PT Bank Aspac is being tried on corruption charges,\" Samosir
\nsaid, while questioning the prosecutors' motives.<\/p>\n
At a preliminary hearing, prosecutor Soetantyo said that
\nHendrawan, 46, had violated Article 1 of Law No. 3\/1971 on
\ncorruption which carried a maximum punishment of life
\nimprisonment.<\/p>\n
Soetantyo alleged that the defendant between February 1998 and
\nFebruary 1999, along with Setiawan, had abused his authority to
\nenrich himself or others at the expense of the state.<\/p>\n
The prosecutor also accused Hendrawan of violating Article 49
\nof Law No.7\/1992 on banking. This Article carries a maximum
\nsentence of 15-years imprisonment.<\/p>\n
Soetantyo said that Bank Aspac received Rp 583.4 billion from
\nBank Indonesia in December 1997 as part of the government's
\nliquidity support scheme.<\/p>\n
However, after receiving the funds from the central bank,
\nHendrawan allegedly allocated a part of the money for foreign
\nexchange trading and to finance the operations of some
\ncorporations affiliated with Bank Aspac.<\/p>\n
Presiding judge Muchtar Ritonga adjourned the hearing until
\nThursday to hear the court's pretrial ruling. (01)<\/p>",
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