Thu, 20 Dec 2001

AGO still undecided on Soeharto case

Tiarma Siboro and Abu Hanifah, The Jakarta Post, Jakarta

The Attorney General's Office is still undecided on whether or not to pursue corruption cases involving former president Soeharto, who remains in a critical condition since being rushed to hospital on Monday.

Deputy spokesman at the Attorney General's Office Chuck Soeryosumpeno said on Wednesday that his office had not decided if it would press ahead with the corruption investigations into Soeharto, who ruled the country with an iron fist for more than three decades.

The Supreme Court issued a legal opinion on Friday, saying that the Attorney General's Office held the highest authority in determining whether or not corruption investigations against Soeharto should be pursued.

Chuck Soeryosumpeno said state prosecutors could not order a halt of the investigation into the former leader as they were still struggling to locate his dossier.

According to him, the South Jakarta District Court had not returned the dossier to the South Jakarta Prosecutor's Office after it had decided to stop the trial of Soeharto due to health considerations in September 2000.

Head of South Jakarta Prosecutor's Office Antasari Azhar had a similar view yesterday, saying his office "has not received the dossier from the court".

But South Jakarta District Court spokesman Soedharto told The Jakarta Post on Wednesday that his office had already returned the dossier to the South Jakarta Prosecutor's Office.

"Immediately after we decided to drop the case, we returned the dossier to the prosecutor's office," he said.

Soeharto, 80, was forced to step down from the presidency in May 1998 and is accused of stealing US$571 million from the state by funneling money from seven charity foundations he chaired into businesses belonging to his family and cronies.

Soeharto's defense lawyers have argued that their client should not have to face court proceedings again due to his permanent illness, and particularly due to the three strokes he has suffered.

At its hearing in September last year, the South Jakarta District Court supported the lawyers' argument and deleted the registration number of the case.

The South Jakarta Prosecutor's Office filed an objection with the Jakarta High Court, which overturned the lower court's decision.

Nevertheless, in February the Supreme Court supported the South Jakarta District Court's verdict by lifting Soeharto's city arrest status and ordering the Attorney General's Office to pay for Soeharto's medical treatment.

As Soeharto has been hospitalized due to the deterioration of his health, his team of lawyers plans to speak to Chief Justice Bagir Manan as well as Attorney General M.A. Rachman, to inform them that Soeharto cannot be tried due to his state of health.