Soeharto's case may be reopened<\/p>\n
JAKARTA (JP): Prosecutors' efforts to try Soeharto may again
\nbe moving forward as the Jakarta High Court on Wednesday
\noverturned a lower court decision to cease the corruption trial
\nagainst the former president.<\/p>\n
The Jakarta High Court also ordered the resumption of
\nSoeharto's city arrest status.<\/p>\n
Presiding judge Gde Soedharta announced the decision during
\nthe proceedings saying that the High Court had accepted the
\nprosecutors' appeal and thus ordered the South Jakarta District
\nCourt to reopen the case.<\/p>\n
The panel of judges also comprised of Ismun Abdurrahim and
\nIgnatius Subianto.<\/p>\n
The High Court judges felt that the district court had ignored
\nseveral facts related to Soeharto in issuing the controversial
\nverdict.<\/p>\n
The South Jakarta District Court after hearing the opinion of
\na team of doctors on Sept. 28 decided to drop the case on the
\ngrounds that the defendant was physically and mentally unfit to
\nstand trial.<\/p>\n
Soeharto did not attend any of the three court sessions at the
\ndistrict court which also released him from city arrest.<\/p>\n
Soeharto, 79, who resigned as president in May 1998, is
\naccused of stealing US$571 million from the state by funneling
\nmoney from seven charity foundations he chaired into businesses
\nbelonging to his family and cronies.<\/p>\n
The former president's defense lawyers at the time said their
\nclient should never have to face court again due to his permanent
\nillness, particularly due to the three strokes he has suffered.<\/p>\n
The Jakarta High Court's decision coincidentally mirrors the
\nfate of his son, Hutomo Mandala Putra, who was also initially
\nexonerated by the South Jakarta District Court over a fraudulent
\nland exchange deal but only to have the decision eventually
\noverturned by a higher court in an appeal.<\/p>\n
Soedharta said in his decision that the doctors' opinion
\nshould have been taken as an explanation and not as legal
\nevidence in the case.<\/p>\n
He added that the work of the medical team exceeded its
\nauthority as it was only meant to help surmise whether Soeharto
\ncould appear for questioning before the court, and not whether he
\nwas fit to stand trial.<\/p>\n
The judges, though stopping short of making it a formal
\ndecision, also expressed the consideration that when the trial
\nresumes Soeharto's presence was not mandatory.<\/p>\n
Insult<\/p>\n
The decision was immediately met with ire by Soeharto's
\ndefense team, who charged that the ruling insulted the
\ncredibility of three different medical teams who had examined
\nSoeharto during the investigation process.<\/p>\n
One of the lawyers, Mohamad Assegaf, warned that they would
\ntake legal action against it.<\/p>\n
\"We might file an appeal to the Supreme Court to annul the
\nruling,\" Assegaf told The Jakarta Post by telephone on Wednesday
\nevening from Singapore.<\/p>\n
Assegaf said the doctors' findings clearly show that Soeharto
\nwas not fit to face any legal proceedings.<\/p>\n
\"The fact is the man they examined is no longer able to
\ncomprehend what has happened and that whatever he says is not
\nalways what he wants to say,\" he said.<\/p>\n
Assegaf suggested that politicking may be behind the High
\nCourt ruling.<\/p>\n
\"I believe that if the patient was not Soeharto, without there
\nbeing any prejudice or political interest, the doctors' arguments
\nwould have been accepted as reasonable by the judges,\" he added.<\/p>\n
Assegaf admitted that the High Court's ruling was unexpected.<\/p>\n
\"I was shocked when I got the news of the ruling while
\nwatching television today. By procedure, there was no way for the
\nprosecutor to file such an appeal,\" he contended.<\/p>\n
General prosecutor Muchtar Arifin said that he was pleased and
\nconsidered it a success for the prosecution team.<\/p>\n
\"The law is still working...Now, we'll just wait for the South
\nJakarta District Court to set the date for the first hearing,\"
\nMuchtar told the Post. (bby)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/soehartos-case-may-be-reopened-1447893297",
"image": ""
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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