AG lacks evidence to prosecute Soeharto
JAKARTA (JP): With just a few months left to the November deadline, acting Attorney General Ismudjoko insisted on Monday that his office lacked sufficient evidence to name former president Soeharto a suspect in corruption cases.
Ismudjoko told House Commission I for security and defense, law, politics and information that his office required compelling proof to send the ailing former president to court.
"The most difficult thing we are facing is to collect valid evidence which convinces the judge to open a trial. We can't just deliver makeshift evidence, only to enable the judge to reject our charges," said Ismudjoko, who recently took over the post from Andi Ghalib. The latter is currently the subject of an investigation for alleged bribe-taking.
The slow-paced investigation concerning Soeharto was queried by some House members -- and the highlight of Monday's hearing. They suggested the Attorney General's Office name Soeharto a suspect to smooth investigations into allegations that he illegally amassed a US$15 billion fortune during his 32-year rule.
"(The need for) evidence is a question of which comes first: the chicken or the egg. Arguments on this issue have increased the public's disappointment," F. Isnawan of the military faction said.
He quoted former attorney general Soedjono Ch. Atmonegoro who said soon after his dismissal there was sufficient evidence to indict Soeharto. Soedjono, who was installed by Soeharto, held office for only three months and was replaced by Ghalib in June last year.
Controversy surrounding the inquiry is further complicated by the issues of bank secrecy procedures, in which banks will not provide prosecutors with access to personal accounts unless the account holder is named a suspect.
Another House member, Usamah Hisyam of the United Development Party (PPP) faction, said he was yet to see significant efforts made by the Attorney General's Office in relation to the inquiry into Soeharto.
He said the People's Consultative Assembly (MPR) had issued a mandate to President B.J Habibie to eradicate corruption, collusion and nepotism, including any alleged involvement by Soeharto. The MPR gave Habibie until the end of his short term in November, when he is due to deliver his accountability speech.
"In terms of legal actions, the attorney general tends to slow down the investigation (into Soeharto's alleged corruption)," Usamah said.
Another PPP legislator, Muslih, lashed out at the Attorney General's Office, describing it as "unprofessional" for failing to collect evidence since the investigation started seven months ago.
He suggested that naming the former president a suspect was the best way to end uncertainty in the investigation into the alleged corruption.
"There should be no objection to the public's demand that the former president be named a suspect, because it doesn't mean he is not presumed innocent. If the trial begins, there will be a possibility that Soeharto is acquitted of all charges," Muslih said.
Businessman Arifin Panigoro and former chief of the National Logistics Agency (Bulog) Beddu Amang were all recently cleared of corruption charges.
Muslih said he was afraid the uncertainty would result in chaos. "Do we want the military troops to have their service on the streets extended?" Muslih warned, referring to hundreds of riot troops who have been posted across the city for more than a year.
In response to the legislators' demand, Ismudjoko said his office was focusing its inquiries into "evidence from related parties, so that it meets the requirements to bring Soeharto to court".
He said it was up to Habibie to announce results of the investigation into Soeharto's alleged corruption.
"I just carry out the duties assigned by the President, and it's not ethical to disclose what I have done to people other than him," Ismudjoko said.
He said he would present the investigation's results to Habibie before the November MPR General Session. But he did not set a specific date. (amd/rms)