Court case delayed because Tommy needs 'a little rest'

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

Hutomo "Tommy" Mandala Putra claimed to be sick Wednesday when state prosecutors were scheduled to present their sentence recommendation, forcing the Central Jakarta District Court to postpone the hearing until Monday.

Presiding Judge Amiruddin Zakaria read out a letter from a doctor at the Cipinang Penitentiary in Central Jakarta, where Tommy was being treated, saying that Tommy, 39, was sick and needed "a little rest".

Dr. Ilham, who signed the letter dated July 10, said Tommy suffered from gastro enteritis, but he did not elaborate. He also left blank the number of rest days Tommy needed to recover.

Gastro enteritis is the inflammation of the intestines in the stomach.

Chief prosecutor Hasan Madani said that the letter was "strange" and reminded the judges that Tommy's detention term was about to end.

Article 26 of the Criminal Code Procedure says that a court is able to detain a defendant for a maximum of 90 days during the trial, but must release the defendant in the name of justice if the court fails to deliver a verdict in time.

Article 29 allows a court to extend the detention period for a maximum term of 60 days should the defendant face a charge that carries a term of at least nine years in jail.

Tommy's detention term will end on Aug. 3. He was detained by the police on Nov. 28 and the trial began on March 20.

Judge Amiruddin looked calm and postponed the hearing until Monday.

"We usually order an independent team of doctors to re-check a defendant's health. As we must accelerate the hearing, I wouldn't do that. But I order prosecutors to check him physically in the penitentiary," he told the court.

Amiruddin, who also presides over the trial of House of Representatives' speaker Akbar Tandjung, Winfried Simatupang and one other defendant in a fraud case involving the alleged misuse of Rp 40 billion from the State Logistics Agency (Bulog), was angry when Winfried claimed he was sick two weeks ago.

Madani said after Thursday's trial that he would not speculate whether Tommy tried to buy time by claiming that he was ill.

However, spokesman of the court, Judge Andi Samsan Nganro, one of the five judges handling the case, said that a defendant could possibly take advantage of loopholes in the law to buy time so he/she could be released.

"We are aware of it, but we must guarantee a defendant's rights. The defendant claimed that he was sick and the doctor has confirmed it, so we must respect his right. However, he must appear at the trial next Monday, otherwise, we will possibly order the prosecutors to use force to present him before the hearing," said Judge Andi.

He said that article 154 of the Criminal Code Procedure allowed the use of force if the defendant refuses to attend the trial after being summoned.

Judge Andi asserted that the court will accelerate the hearings to make sure that they can present the verdict on Aug. 3 at the latest.

"We will possibly hold two hearings twice in a week," he said.

There will be four more hearings before the judges hand down their verdict. The first hearing is for the prosecutor to present his sentence recommendation, the second is for the defense, the third is for the prosecutors' to respond to the defense the fourth is the last plea.

Tommy is charged with conspiracy to murder Supreme Court Justice M. Syafiuddin Kartasasmita, illegal possession of fire arms and fleeing from justice.

He faces a maximum penalty of death.

Syafiuddin, one of the judges who sentenced Tommy in September 2000 to 18 months in jail for corruption, was shot to death while he was on his way to work on July 26, last month.

The same court two months ago sentenced two of Tommy's accomplices to life for their parts in the murder.