Tanker case appeals 'better be tried in one court'<\/p>\n
The Jakarta Post, Jakarta<\/p>\n
Two separate appeals filed by state oil and gas company PT
\nPertamina and three business partners against a ruling from the
\nBusiness Competition Supervisory Commission (KPPU), should be
\ntried in one court, the Supreme Court head says.<\/p>\n
\"If they are appeals about the same case, it would be more
\nefficient to appoint one presiding judge,\" court Chief Justice
\nBagir Manan said on Wednesday.<\/p>\n
The first hearing of an appeal over the KPPU ruling on the
\nsale of two very large crude carriers (VLCCs) by Pertamina,
\nshipping company Frontline Ltd., financial advisor Goldman Sachs
\nand two local companies was to be heard last week. It was delayed
\nbecause the different parties filed the appeals separately in
\ndifferent courts.<\/p>\n
Pertamina, Frontline and Goldman Sachs filed their appeals at
\nthe Central Jakarta District Court but a local company, PT
\nCorfina Mitrakreasi, submitted its appeal at the South Jakarta
\nDistrict Court.<\/p>\n
Whether all appeals were filed in one court, Bagir said, would
\nbe decided by the Supreme Court. However, the involved district
\ncourts should first send a request letter which as of Wednesday
\nhad not been received by the Supreme Court.<\/p>\n
\"The decision on which court to try the case in will be made
\nbased on efficiency, the amount evidence tabled and the
\nwitnesses,\" he added.<\/p>\n
KPPU legal representatives David M.L. Tobing backed Bagir's
\nsuggestion saying it would make the sessions more efficient.<\/p>\n
\"By consolidating the appeals, we will not have to submit the
\nsame investigation papers over and over for every appeal,\" he
\nsaid.<\/p>\n
Wednesday's court session, which was the first trial for an
\nappeal from Frontline, was delayed because KPPU had not yet
\nsubmitted the papers.<\/p>\n
David said the KPPU had sent a request for the consolidation
\nof the appeals to the Supreme Court on April 1 and was waiting
\nfor its approval.<\/p>\n
Last week, presiding judge Agus Subroto also delayed the first
\nhearing on Pertamina's appeal.<\/p>\n
In its March 3 ruling, the KPPU ordered the Pertamina's boards
\nof directors and commissioners to explain the case to its
\nshareholders. Goldman Sachs, Frontline and Equinox, meanwhile,
\nhad been ordered to pay Rp 19.7 billion (US$2.1 million), Rp 25
\nbillion and Rp 16.6 billion in fines respectively.<\/p>\n
Goldman and Frontline were also ordered to pay extra sums to
\nthe government -- Rp 60 billion and Rp 120 billion, respectively
\n-- so as to make up for lost potential revenue.<\/p>\n
The four were declared guilty by the KPPU of violating Law No.
\n5\/1999 on monopolies and unfair business competition in the two
\nVLCCs sales worth US$184 million last year.<\/p>\n
At the end of Wednesday's session, presided over by Cicut
\nSutiarso, Frontline's legal representative submitted a letter for
\nreconciliation through a mediation board, saying the company
\nwould withdraw its appeal if the KPPU agreed to cancel its
\nruling.<\/p>\n
KPPU refused the offer, saying its ruling could not be revoked
\nby reconciliations as it had a legal basis. \"We see this offer as
\na written threat because Frontline said in its conclusion that it
\nmight fight back,\" David said.<\/p>\n
Hotman Paris Hutapea, Frontline's legal representative, said
\nthere was a possibility the company would file an international
\nsuit against the KPPU as it considered the ruling had tarnished
\nthe company's credibility. (003)<\/p>",
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