Tommy not to appeal 15-year sentence<\/p>\n
Muninggar Sri Saraswati, The Jakarta Post, Jakarta<\/p>\n
Hutomo \"Tommy\" Mandala Putra announced on Thursday that he would
\nnot appeal against his 15-year prison term for ordering the
\nmurder of Supreme Court Justice M. Syafiuddin Kartasasmita last
\nyear and three other charges, saying he had been traumatized by
\nthe legal action taken against him.<\/p>\n
Accompanied by his team of lawyers, the youngest son of former
\nauthoritarian president Soeharto said he saw no point in
\nappealing the court verdict despite the fact that he was
\ninnocent.<\/p>\n
Tommy made the announcement during a media conference in the
\nmain hall of Cipinang Penitentiary. A media briefing has never
\nbeen held by a prisoner at the East Jakarta penitentiary before.<\/p>\n
\"Conditions are not favorable for me as a justice-seeker, so
\nit is with a heavy heart that I have decided to let the time to
\nappeal pass,\" Tommy said in a low voice.<\/p>\n
Tommy, who frequently bowed his head and did not smile as
\noften as he used to, claimed he had been treated unfairly during
\nhis trial and alleged that the Supreme Court had intervened in
\nhis verdict. He blamed \"some people or a small group who want to
\ndestroy me and my family for political reasons, creating public
\nhatred toward me.\"<\/p>\n
Had he appealed and a higher court rejected it, he would have
\nrun the risk of receiving a heavier sentence because murder as
\nwell as illegal possession of firearms and ammunition carry the
\nmaximum penalty of death.<\/p>\n
The Central Jakarta District Court declared last Friday Tommy
\nguilty and sentenced him to 15 years in jail for the murder,
\nillegal possession of firearms and ammunition in two separate
\ncases and for fleeing from justice.<\/p>\n
Some of Tommy's lawyers said earlier it was possible he would
\nappeal the verdict. A defendant has one week to appeal after a
\ncourt announces a guilty verdict. Friday was the last day that
\nTommy could have lodged an appeal.<\/p>\n
\"I will consider other legal options, taking into account the
\npolitical situation in the country,\" Tommy read from a prepared
\nstatement.<\/p>\n
However, he did not mention what the other legal options were.
\nHis lawyers -- Muhammad Assegaf, OC Kaligis, Indriyanto Seno
\nAdjie, Juan Felix Tampubolon and Elza Syarief -- refused to
\nanswer reporters' questions about it.<\/p>\n
But according to lawyers Irianto Subiyakto of the Indonesia
\nLegal Aid Foundation and Rudy Satrio of the University of
\nIndonesia School of Law, two other options are open to Tommy.<\/p>\n
The first is asking for a presidential pardon should he admit
\nthat he committed the crimes. The second option, if Tommy insists
\non his innocence, is requesting a judicial review by the Supreme
\nCourt.<\/p>\n
\"Tommy can choose only one of the options, he cannot request a
\npresident pardon as well as request a judicial review at the same
\ntime,\" Rudy said.<\/p>\n
\"It would be ridiculous and legally unacceptable should he do
\nboth at the same time because it is impossible for a convict to
\nadmit his guilt and maintain his innocence at the same time.\"<\/p>\n
He was referring to a past legal adventure of Tommy's when he
\nand his lawyers requested a presidential pardon in his corruption
\ncase but later asked the Supreme Court for a judicial review.<\/p>\n
The case started on Oct. 14, 1999, when the South Jakarta
\nDistrict Court exonerated Tommy in a Rp 95.4 billion corruption
\ncase involving a land swap deal with the State Logistics Agency
\n(Bulog) in 1995.<\/p>\n
However, the prosecutors appealed to the Supreme Court, which
\nthen overturned the verdict and sentenced Tommy to 18 months in
\nprison. One of the judges who passed down the verdict was
\nSyafiuddin, who was shot dead on the way to his office on July 26
\nlast year.<\/p>\n
Tommy and his lawyers later requested a presidential pardon,
\nwhich was rejected by then president Abdurrahman Wahid
\non Nov. 2, 2000.<\/p>\n
Unable to accept the verdict, Tommy fled from justice.
\nMeanwhile, in a bizarre move, Tommy's lawyers lodged a request
\nfor a judicial review.<\/p>\n
Unexpectedly, the Supreme Court acquitted Tommy from the
\ncorruption charges in Oct 1. last year. Tommy was arrested one
\nmonth later in November.<\/p>\n
Both Irianto and Rudy urged the Ministry of Justice not to
\ndiscriminate between Tommy and other prisoners.<\/p>\n
\"Should he not use his right to appeal by Friday, it means he
\naccepts the verdict and begins his life as a prisoner. Cipinang
\nPenitentiary should treat him just like other prisoners,\" Irianto
\nsaid.<\/p>\n
Officials at Cipinang Penitentiary have come under fire for
\nextending Tommy privileges in a prison block that was used by his
\nfather's New Order administration to detain political prisoners.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/tommy-not-to-appeal-15-year-sentence-1447893297",
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