Court case delayed because Tommy needs 'a little rest'

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.