`Koran Tempo' lawyers call for inquiry<\/p>\n
M. Taufiqurrahman, The Jakarta Post, Jakarta<\/p>\n
The Koran Tempo daily's defense team has called for an
\nindependent inquiry into a court's controversial libel verdict,
\nwhich orders the newspaper to pay a whopping US$1 million in
\ndamages to tycoon Tomy Winata.<\/p>\n
Lawyer for the defense Todung Mulya Lubis said the South
\nJakarta District Court's verdict was "excessive", and smacked of
\ncollusion.<\/p>\n
"Apart from resorting to the appellate court, we demand an
\nexamination of the verdict should be carried out soon. It was
\narbitrary and went against any standing regulations that should
\nprotect journalists in carrying out their duties," Todung told a
\nmedia conference on Wednesday.<\/p>\n
With such a harsh verdict, the public could not be blamed for
\nsuspecting that the judges had colluded with Tomy to rule in
\nfavor of him, Todung said.<\/p>\n
The amount of damages awarded would put the daily in a serious
\nfinancial position and would set a powerful precedent, stifling
\nthe media's criticism of public figures.<\/p>\n
The daily was found guilty of libeling Tomy in an article
\ntitled (Southeast Sulawesi) Governor Ali Mazi denies Tomy Winata
\nto open casino, published in its Feb. 6, 2003, edition.<\/p>\n
Judges on Tuesday ordered Koran Tempo to pay damages and make
\npublic apologies in the national and foreign media for three
\nconsecutive days. Should the daily fail to abide by the ruling,
\nit will be fined Rp 10 million (US$1,190) a day.<\/p>\n
Todung said the public were entitled to set up independent
\nexamination teams to scrutinize controversial court rulings.<\/p>\n
Although recommendations from the team were not binding, they
\ncould influence subsequent court proceedings, he said.<\/p>\n
Koran Tempo daily chief editor Bambang Harymurti said the
\npanel of judges who made the verdict could end up facing
\nprosecution.<\/p>\n
"Their verdict could be categorized as an attempt to deter the
\npress from serving the public. According to Press Law the judges
\ncould be sentenced to two years in prison if found guilty of
\nhampering journalists in carrying out their duties."<\/p>\n
The amount of damage that the daily has to settle contravenes
\nPress Law No. 40\/1999, which stipulates the maximum fines in
\nmedia-related cases should stand at Rp 500 million ($ 58,000).<\/p>\n
Bambang also called on the public to closely watch the South
\nJakarta District Court. It had a reputation for exonerating
\ndefendants in high-profile corruption cases and for convicting
\ninvestigative journalists, he said.<\/p>\n
Meanwhile, Todung said the fine, which was stated in U.S.
\ndollars, was an insult to the national currency.<\/p>\n
"The judges who handle this case are either careless or blunt
\nfor not converting the dollar into rupiah," Todung said, adding
\nthat he was told earlier the judges had previously set the figure
\nat $2 million.<\/p>\n
According to Todung, this was the first time an Indonesian
\ncourt handed down a verdict demanding compensation be paid in a
\nforeign currency.<\/p>\n
In 1999, former president Soeharto filed and lost a lawsuit
\nagainst US magazine Time weekly for publishing allegedly libelous
\narticles. He had demanded $27 billion from the magazine for
\nmaterial losses and another $40,000 for immaterial losses.<\/p>\n
A panel of judges chaired by Sihol Sitompul at the Central
\nJakarta District Court ruled in favor of Time.<\/p>",
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