Supreme Court says Tommy is not guilty<\/p>\n
Tiarma Siboro and Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta<\/p>\n
In a surprising move, the Supreme Court overturned on Monday
\nan earlier conviction and 18-month prison sentence passed down on
\nformer president Soeharto's fugitive son Hutomo \"Tommy\" Mandala
\nPutra.<\/p>\n
Supreme Court deputy chief M. Taufiq, one of the review
\njustices, said that the court overturned the ruling against Tommy
\nbecause new evidence had emerged.<\/p>\n
\"Tommy had not been part of his company's day-to-day
\noperations and, therefore, he should not be held responsible for
\nits wrongdoing,\" Taufik said.<\/p>\n
Tommy has been on the run since November after being served an
\n18-month jail sentence over an US$11 million land scam in 1995
\ninvolving his supermarket chain Goro Batara Sakti and the State
\nLogistics Agency (Bulog).<\/p>\n
He was registered as the owner and commissioner of Goro.<\/p>\n
\"As the company's commissioner, Tommy cannot be held
\nresponsible for any policies decided by his company. It was PT
\nGoro's board of directors that should have been accountable,\"
\nTaufiq said, referring to Article 100, line 2 of the 1995
\ncorporate law.<\/p>\n
Supreme Court Chief Justice Bagir Manan said the judicial
\nreview had been conducted fairly.<\/p>\n
\"It was based only on the law and had nothing to do with
\npolitics,\" he said.<\/p>\n
Indonesian Corruption Watch (ICW) instantly slammed the
\nSupreme Court's \"very controversial\" decision.<\/p>\n
ICW coordinator Teten Masduki contended that, although Tommy
\nwas a commissioner at Goro, he was the one who initiated the deal
\nand, therefore, the justices should not negate that factor.<\/p>\n
Furthermore, Teten said, Tommy once applied for presidential
\nclemency before filing a review with the Supreme Court, meaning
\nthat Tommy had actually admitted his wrongdoing by asking for
\nclemency.<\/p>\n
\"This decision by a panel of Supreme Court justices is very
\ncontroversial and could tarnish Indonesia's legal system.<\/p>\n
\"This case indicates the death of our legal system. It appears
\nthat no hope can be expected by the public from the Supreme Court
\nunder the leadership of Bagir Manan to restore law enforcement,
\nespecially to eradicate corruption,\" Teten said in a statement.<\/p>\n
Tommy had been the only member of the Soeharto family to be
\nfound guilty of corruption. Former president Soeharto evaded
\nprosecution for graft charges last year, claiming that he was too
\nill and weak to face trial.<\/p>\n
As expected, Tommy's lawyer Nudirman Munir hailed the Supreme
\nCourt's decision, praising the court for its \"fair decision in
\nhard times\".<\/p>\n
\"This has been the longest year of my life. I thank God for
\nthis incredible decision by the Supreme Court. From the very
\nbeginning we believed that Tommy was not involved in the scam,\"
\nNudirman told private television station Indosiar.<\/p>\n
Nudirman, however, said that it was not clear whether Tommy
\nwould come out of hiding following the court's decision.<\/p>\n
Tommy's escape has become one of the most scandalous legal
\ncases, surrounded by rumors alleging bribery of state prosecutors
\nand judges.<\/p>\n
One of Tommy's lawyers, Elza Syarief, even revealed that
\nformer president Abdurrahman Wahid had sought \"compensation\" if
\nhe offered presidential clemency for Tommy to escape
\nimprisonment. Abdurrahman has repeatedly denied the claim.<\/p>\n
Another factor clouding the possibility of Tommy emerging from
\nhiding following the Supreme Court decision is the allegation
\nthat he masterminded the assassination of judge Syafiuddin
\nKartasasmita, who originally found him guilty.<\/p>\n
Tommy, a flamboyant millionaire, has also been accused of
\nbeing behind a spate of bombings in Jakarta.<\/p>\n
Through his relatives and lawyers, Tommy has denied the
\naccusations.<\/p>\n
The police, who have been criticized for failing to capture
\nTommy, vowed to maintain their search.<\/p>\n
\"We will keep on searching for him,\" National Police spokesman
\nBrig Gen. Saleh Saaf said.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/supreme-court-says-tommy-is-not-guilty-1447893297",
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