Will legal system bury Tommy's case?<\/p>\n
Tiarma Siboro, The Jakarta Post, Jakarta<\/p>\n
Noted lawyer Todung says only repressive methods could force
\nhigh-profile fugitive Hutomo \"Tommy\" Mandala Putra out of hiding.<\/p>\n
\"The only thing that would bring Tommy out of hiding and serve
\nhis prison sentence would be the use of repressive measures by
\nthe police,\" Todung told The Jakarta Post in a recent interview.<\/p>\n
However, he said, he was pessimistic about whether the police
\nhad any intention of finding Tommy.<\/p>\n
Tommy's name surfaced again in the trial of former State
\nLogistics Agency (Bulog) chief Beddu Amang earlier this week.
\nBeddu, 65, was found guilty of corruption in a land swap deal by
\nthe South Jakarta District Court on Monday and was sentenced to
\ntwo years imprisonment.<\/p>\n
Tommy, the youngest son of former president Soeharto, and his
\nbusiness associate Ricardo Gelael were each sentenced in
\nSeptember 2000 to 18 months in prison for their involvement in a
\nland swap deal with Bulog that incurred Rp 95.4 billion (then
\nUS$11.2 million) in losses to the state coffers.<\/p>\n
The court's verdict on Beddu put the deal at Rp 20 billion
\n($20.8 million) way below the prosecutor's figure of Rp 95.4
\nbillion.<\/p>\n
Ricardo had served his sentence and was released from prison
\nin August this year but Tommy disappeared in November 2000. In an
\nintriguing twist of events, the Supreme Court overturned the
\ncourt's ruling last month and asked Tommy to report to the South
\nJakarta Prosecutor's Office to sign his acquittal documents. He
\nremains at large.<\/p>\n
When asked to comment, Todung said: \"It just does not make any
\nsense that someone who is at large would appear before the office
\nonly to sign the notification.\"<\/p>\n
Todung said that repressive methods on the part of the police
\ncould be used as a last resort to bring Tommy out of hiding.<\/p>\n
\"From the very beginning, Tommy has disregarded his legal
\nobligations. He decided to flee when former president Abdurrahman
\nWahid rejected his plea for a pardon and he continues to stay in
\nhiding even after the Supreme Court acquitted him of all
\ncharges,\" Todung said.<\/p>\n
The Supreme Court's controversial ruling seemed more
\npronounced following this week's verdict which implicated Tommy.<\/p>\n
Asked to comment on Beddu's verdict, Todung who is also
\nchairman of Judicial Watch said: \"I am not surprised by it.\"<\/p>\n
The court findings revealed that Beddu initially signed a
\nMemorandum of Understanding with PT Sekar Artha Sentosa on Feb.
\n17, 1995.<\/p>\n
However, on Aug. 11 of the same year, another MoU for the same
\ndeal was made with PT Goro Batara Sakti. Tommy was then the owner
\nof both companies.<\/p>\n
Tommy's escape constitutes one of the most absurd legal cases
\nin the country, loaded with rumors of bribery involving state
\nprosecutors and judges.<\/p>\n
A possible stumbling block to Tommy's emergence from hiding
\nwas the allegation that he had masterminded the assassination of
\njustice Syafiuddin Kartasasmita. The justice, who was shot dead
\nin his car on his way to work in July this year, was head of the
\npanel of judges in the court that found Tommy guilty.<\/p>\n
A flamboyant billionaire, Tommy has also been accused of being
\nbehind a spate of bombings in Jakarta, even though through his
\nrelatives and lawyers Tommy has denied the accusations.<\/p>\n
Separately, Achmad Ali, former expert advisor to the late
\nBaharuddin Lopa, the former attorney general, said the Supreme
\nCourt should have the courage to declare that its verdict was
\nunlawful as it violated Criminal Code Procedures as well as the
\nCourt's rules and procedures.<\/p>\n
\"The Criminal Code Procedures stipulate that an application
\nfor a review must be made by the defendant himself or his heirs
\nand successors, and not his lawyers as in Tommy's case.<\/p>\n
\"The justices must also issue the verdict before the defendant
\nand the prosecutor,\" Achmad said.<\/p>\n
He added that the court's procedures also underscored the
\nrequirement that the verdict must not be issued in the absence of
\nthe defendant.<\/p>\n
Achmad questioned the Supreme Court's reasons for issuing its
\nruling just prior to the issuance of the verdict on Beddu's case.<\/p>\n
\"What made Taufiq, along with other justices on the review
\nteam, issue a verdict immediately although Tommy was not in
\nprison?,\" Achmad said referring to Supreme Court deputy chief M.
\nTaufiq.<\/p>\n
The Court is allowed to immediately issue a verdict only if a
\ndefendant is serving his prison term, he said.<\/p>\n
Achmad shared Todung's pessimism saying: \"The Supreme Court
\nhas lost the courage to heed the people's sense of justice.\"<\/p>",
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