Abuse of justice feared in 'Tempo' case
Abuse of justice feared in 'Tempo' case
Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta
Lawyers representing Tempo media group alleged on Tuesday that
judges had abused their authority in handling a libel suit
against the group, following the confiscation of some of the
group's property.
Legal team leader Todung Mulya Lubis said that they would file
an objection to the confiscation with the East Jakarta District
Court, which had issued the order as requested by businessman
Tomy Winata, who has alleged the group libeled him.
"If the panel of judges were fair, they would issue a ruling
on our objection within a week," Todung told a media briefing.
Lawyers Maqdir Ismail, Lelyana Santosa and Tempo senior editor
Fikri Jufri were also present.
"We shall file a report with the Supreme Court on alleged
irregularities in the court's decision to confiscate Tempo
properties and propose that the court advise all judges to be
prudent when contemplating the issuance of a confiscation," he
said.
On Monday, the East Jakarta District Court confiscated the
residence of Tempo cofounder Goenawan Mohamad in Pulo Mas, East
Jakarta, as well as the office building of Koran Tempo daily on
Jl. Kebayoran Baru, South Jakarta.
Tomy filed a civil suit against Koran Tempo daily and Goenawan
on June 5, 2003, over news articles published on March 12 and
March 13, demanding a total of Rp 21 billion (US$2.47 million) in
compensation for potential material and nonmaterial losses.
The articles in question ran excerpts of Goenawan's comments
on an attack by Tomy's supporters on Tempo's office and
journalists on March 8, who, along with other news sources,
condemned the act as thuggery that threatened media independence.
On July 7, Tomy's lawyers withdrew the suit, but refiled it
with the same court on Aug. 8. The same panel of judges, Mabruq
Nur, Surya Darma Belo and Rustam Idris, signed the confiscation
order for the properties on Sept. 25, one week after the
plaintiff's lawyers submitted the request.
Maqdir Ismail, one of Tempo lawyers, said that Koran Tempo
daily was not a corporate body and therefore not a legal entity.
"How could the judges have issued such an order without
initially examining the case, which is obviously flawed?" he
asked.
Fikri highlighted suspicions that there had been orchestrated
legal action, which, he said, was "proof of a black market of
justice in the country."
"Many reporters were at the scene hours before the bailiff
confiscated Goenawan's residence. What puzzled me is how the
bailiff was certain that the house belonged to Goenawan without
producing any documentation on the property. Tomy's lawyer
admitted he was not aware of the confiscation, while the court
had not sent any prior, written notice to either Tempo lawyers or
the house occupants," he said.
Alliance of Independent Journalists (AIJ) chairwoman Ati
Nurbaiti said in a release that confiscation, which has very
rarely been used on corruption suspects, was another form of
restriction on press freedom.
AIJ urged the Supreme Court to examine the panel of judges who
issued the order. It also called on police, prosecutors and
judges to use the 1999 Press Law instead of merely the Criminal
Code in cases involving allegations of press impropriety.
"All journalists should be united in combating any form of
intimidation perpetrated by either the state, thugs or powerful
businesspeople who threaten press freedom," she remarked.