BPK report 'led to Tommy's sentence'

JAKARTA (JP): While court officials disputed the ruling, Supreme Court director for criminal cases Djoko Sarwoko said on Wednesday that "old evidence" had led justices to sentence former president Soeharto's youngest son Hutomo "Tommy" Mandala Putra to 18 months in prison.

The court sentenced Tommy and his business associate Ricardo Gelael on Tuesday for their involvement in a Rp 95.4 billion (US$11.2 million) land exchange deal with the State Logistics Agency (Bulog) in 1995.

"There were no new witnesses or pieces of evidence. The Supreme Court used the audit reports of the Supreme Audit Agency (BPK) to come to a decision. It's clearly shown in the reports that the state incurred losses," Djoko said at the Supreme Court.

"Meanwhile, the district court panel probably did not consider what the witnesses were saying and, even if the panel did consider (the witness testimony), it was not very thorough."

Djoko added that the district court had exonerated Tommy and Ricardo based on an official letter from the then Bulog chief Rahardi Ramelan, who assured the district court that Bulog had suffered no losses from the deal.

Apart from the jail terms, the Supreme Court verdict sentenced both defendants to pay a fine of Rp 10 million each or spend an extra three months in jail. It also ordered state losses to be repaid.

"What makes the sentence heavier is that defendant Tommy gave complicated statements during the trial, never expressed remorse and had no intention of returning the state losses," the ruling said, as quoted by South Jakarta District Court chief Lalu Mariyun.

Tommy is the first member of the Soeharto family convicted by a court for corruption.

Earlier this month, President Abdurrahman Wahid controversially ordered police to arrest Tommy in connection with the recent bombing of the Jakarta Stock Exchange building.

Supreme Court secretary-general Pranowo separately said on Wednesday that Tommy could propose a review of the case via his lawyers.

"A proposal for the case to be reviewed, which can only be submitted once, can be forwarded based on new evidence or proof of violation by the panel of justices while handling the case," Pranowo said.

"The second option is an amnesty issued by the president," he added.

The right to propose a review of a case is granted in the Criminal Code Procedures (KUHAP).

However, paragraph 1 of article 268 of the procedures stipulate that "submitting a proposal for a review of a case will not postpone nor halt the execution of the verdict".

In October 1999, the South Jakarta District Court exonerated Tommy and Ricardo, both executives of the wholesale firm PT Goro Batara Sakti, of all corruption charges related to a 1995 land exchange deal with Bulog, citing lack of evidence.

The Attorney General's Office appealed to the Supreme Court upon the issuance of the verdict.

Last year, auditor Mampan Manalu from the Supreme Audit Agency (BPK) gave expert testimony in the trials of Tommy and Ricardo. He said he found that Bulog had suffered losses of about Rp 65 billion and $400,000.

His testimony contradicted that given by former Bulog chief Beddu Amang in earlier court sessions -- also a defendant in the case -- who insisted Bulog suffered no losses.

The BPK auditor said the same thing in an initial court hearing against Ricardo.

Under the land deal, signed in August 1995, Bulog was to exchange a 50-hectare warehouse complex in Kelapa Gading for a 71-hectare plot in Marunda to be provided by PT Goro. Both plots are located in North Jakarta.

Auditor Manalu said Rp 13 billion of Bulog's losses were incurred when PT Goro demolished 11 Bulog warehouses in Kelapa Gading.

He said Bulog suffered potential losses of Rp 52 billion because the agency had to spend money to buy land in Marunda.

The $400,000 were spent by the agency to rent other warehouses from a businessman called Hokiarto, who was also a suspect in the case, because it could no longer use the warehouses demolished by Goro, he said.

Manalu said the land exchange deal should have been conducted based on a minister of finance decree even though PT Goro had secured an approval from then president Soeharto.

"The decree is still valid although the (then) president (Soeharto) agreed to the land exchange deal," he said.

The decree stipulates that the land deal should have been carried out through an open tender, with substitute land first provided by the firm.

Meanwhile, head of the South Jakarta Prosecutor's Office Antasari Azhar said on Wednesday that his office would execute the Supreme Court's verdict in the next two or three days.

Antasari said he had officially received the Supreme Court's ruling from the South Jakarta District Court and had ordered the prosecutors to immediately notify Tommy.

"Within the next two or three days, we'll summon and officially notify Tommy of the verdict and at the same time we will execute the verdict (jail sentence)," he said on the sidelines of a visit to the venue of former president Soeharto's hearing, due to continue on Thursday. (bby/ylt)