Court can't call Soeharto to testify in Goro trial

JAKARTA (JP): The prosecutor in the Goro land exchange case said on Wednesday that former president Soeharto cannot be called as a witness because of a legal stipulation barring relatives from testifying against a suspect.

"According to Article 168 of the Criminal Code, a close family member of the suspect, such as the suspect's wife, children, mother and father cannot be named as a witness," prosecutor Fachmi said after a hearing in the case at the South Jakarta District Court.

Soeharto's youngest son Hutomo "Tommy" Mandala Putra and Ricardo Gelael are co-defendants in the trial and are charged with causing Rp 95 billion in losses to the state. The land exchange deal was made between the State Logistics Agency (Bulog) and wholesaler PT Goro Batara Sakti. Ricardo was formerly Goro's president.

Reporters asked Fachmi about the possibility of calling Soeharto in upcoming trial sessions because many witnesses, including former ministers, have disavowed responsibility for the deal.

They testified they were unaware of the deal or lacked the authority to approve it without Soeharto's approval. Others have given conflicting testimony.

During Tommy's trial session on Wednesday, the prosecutor presented four witnesses: former minister of finance Mar'ie Muhammad, former minister/state secretary Moerdiono, former minister of cooperatives and small enterprises Subiakto Tjakrawerdaja and Mardowo, a senior official at the State Secretariat.

With judge R. Soenarto presiding, Mar'ie and Moerdiono reiterated their testimony from last week when they were called as witnesses in Ricardo's trial.

Moerdiono said a deal involving state land worth more than Rp 10 billion needed the president's permission under the law.

"The president (Soeharto) agreed on the land exchange deal after he read the proposal of the minister of finance (Mar'ie).

"As a minister/state secretary, I just passed the president's disposition to the minister of finance."

He insisted that his responsibilities were limited to ensuring orderly procedures in the state administration.

Unlike his apparent nervousness last week when his hands trembled, Mar'ie appeared comfortable in the courtroom for Tommy's trial.

Mar'ie denied Moerdiono's claim that he submitted the proposal to Soeharto.

He said the proposal was from Beddu Amang, then chief of Bulog.

"It's the president who had the authority to approve such an exchange deal (for state land)," Mar'ie told the tiny courtroom, which was packed with visitors and reporters.

He said he did not recommend that Soeharto approve the proposal.

He said Soeharto, Moerdiono and Beddu discussed the proposal amongst themselves on June 8, 1995.

On the following July 25, Mar'ie testified, Beddu visited him to hand over a copy of the "agreement" in the form of a memorandum which Beddu said was discussed with Soeharto and Moerdiono.

"I delivered the memorandum to the president on July 31, 1995, since I did not have the authority to approve the selling of state land worth over Rp 10 billion," he said.

Mar'ie said he also tried to "confirm" the matter with Soeharto.

Mar'ie, who is now chairman of the Indonesian Transparency Society, did not reveal Soeharto's response. He said the then president provided a disposition to him through Moerdiono.

"It was the president's decision as he gave a disposition to me," he said.

On December 22 of the same year, Mar'ie conveyed Soeharto's decision to Beddu for realization, with a brief memorandum attached to the document stating "the deal must not bring losses to the state".

Beddu was charged as a suspect together with Tommy and Ricardo under Corruption Law 3/1971, which carries a maximum punishment of life imprisonment and a Rp 30 million fine.

Charges against Beddu were dismissed on a legal technicality because the prosecutor failed to gain the permission of President B.J. Habibie, which is required for any legal action against a member of the People's Consultative Assembly.

Fachmi said on Wednesday that he would call Beddu as a witness.

The prosecutor said Tommy and Beddu signed the agreement in 1995 under which Goro was to provide a 150-hectare plot in Marunda, North Jakarta, in exchange for land in Kelapa Gading owned by Bulog.

According to Fachmi, Goro acquired a 71-hectare plot in Marunda, but it was partly bought with Goro funds amounting to Rp 36 billion.

During the trial, Tommy asked Mar'ie whether the deal caused actual losses to the state.

Mar'ie said: "I have no right to answer that question because it's state comptroller that has the authority to determine such losses."

The trial was adjourned until next Wednesday to hear testimony from four other witnesses. (asa)