AGO releases Ginandjar on court order
AGO releases Ginandjar on court order
JAKARTA (JP): Former minister of mines and energy Ginandjar
Kartasamita walked out of his cell at the Attorney General's
Office on Wednesday after the South Jakarta District Court ruled
his detention illegal.
However, the investigation of Ginandjar, who is accused of
abuse of power while a minister in the early 1990s resulting in
US$24.8 million in state losses, will continue.
Ginandjar, now a deputy speaker of the People's Consultative
Assembly, left the Attorney General's Office in his official
Volvo sedan at around 6 p.m. He went to the At Taqwa Mosque in
Kebayoran Baru, South Jakarta, to pray with his family and
supporters.
Ginandjar refused to answer questions as he left, but
distributed a written statement to journalists saying his case
had been politicized.
Earlier in the day, the South Jakarta District Court ruled in
favor on Ginandjar, declaring that the Attorney General's Office
had no legal basis to detain the suspect.
The court also ordered state prosecutors to pay Ginandjar Rp 1
million in compensation and to restore his name and dignity.
It took seven hours following the court's decision for state
prosecutors to issue a notification of Ginandjar's release.
The former minister had filed a suit with the district court
questioning the legality of the state prosecutors' investigation
of him and his detention.
In the suit, Ginandjar claimed that because he was an active
military officer when the alleged corruption took place, only the
military had the right to investigate and detain him. Ginandjar
retired from the Air Force in 1996 as a vice marshal.
The district court ruled on April 16 that all legal measures
taken against Ginandjar before April 9, the day a joint civil-
military investigative team was formed to handle the
investigation, were unlawful.
State prosecutors claimed this decision was ambiguous and
refused to release Ginandjar, who was detained on April 6.
To legalize the former minister's detention, the joint team
issued a new arrest warrant effective until April 28. They
extended this for an additional 40 days effective until June 7.
Ginandjar lodged a second suit with the district court over
this new warrant. In its ruling on Wednesday, the court avoided
any ambiguity in ordering the immediate release of Ginandjar.
There was a minor incident as Ginandjar was leaving the
Attorney General's Office. Supporters of the former minister
blocked reporters and photographers from getting near Ginandjar.
One of Ginandjar's lawyers, Mohamad Assegaf, was seen trying
to prevent a scuffle between reporters and Ginandjar's
supporters. Some 50 police officers stepped in to separate the
groups.
In a statement made available to the Post in the evening,
Ginandjar's son Agus Gumiwang Kartasasmita expressed regret over
the scuffle, saying those involved were not Ginandjar's
bodyguards nor did they have any relation to the family.
Separately, legal expert Todung Mulya Lubis said he was
disappointed with the court's decision.
He criticized the court's reluctance to make a bold decision
to help the country in its effort to combat corruption, collusion
and nepotism. Todung suggested the Attorney General's Office
appeal the ruling to the Supreme Court. (02/bby/rbw)