Tue, 25 May 2004

Court receives perjury petition against Tomy

Urip Hudiono, Jakarta

The Central Jakarta District Court received for consideration on Monday a petition submitted by three Tempo magazine journalists who are being sued for defamation by well-connected businessman Tomy Winata.

The defendants have petitioned the court to indict Tomy of perjury following strong indications that he had lied in his court testimony.

They said their request was based on testimonies from Tempo reporter Bernarda Rurit and telematics expert Roy Suryo that confirmed the weekly had interviewed Tomy for its Is Tomy in Tenabang? article in its March 3-9, 2003, edition, over which it is being sued.

"Testimonies from Silvia Hasan, Tomy's secretary, and David A. Miauw, an employee at Tomy's Bank Artha Graha, also confirmed that the number called by Bernarda was indeed Tomy's cellular phone number," Tempo chief editor Bambang Harymurti read from the petition.

Bambang and journalists Ahmad Taufik and T. Iskandar have been charged under the Criminal Code for defaming Tomy and instigating public unrest through the article, which implicated Tomy in the fire that razed Tanah Abang textile market on Feb. 19, 2003.

Bambang said a recording of the interview had been submitted as evidence to the court, along with an original telephone record from state telecommunications company PT Telkom. The phone company had also verified that a 489-second phone call had been made from Tempo to Tomy's cellular phone on Feb. 27, 2003.

Tomy has denied he was ever interviewed by the weekly and demanded that the recording be studied and analyzed for authenticity.

Bambang said the petition would be in line with Tomy's demand, as "such a thorough investigation (of the recording) would only be possible if the panel of judges orders state prosecutors to indict Tomy Winata for perjury".

He explained that the petition was also being made to uphold Tempo's credibility and the rule of law against any contempt of court or obstruction of justice.

Article 147 of Court Procedures states that a presiding judge may order the prosecution of a case witness who is suspected of giving false testimony and adjourn the trial pending the prosecution of the witness. Article 242 of the Criminal Code states that anyone convicted of perjury faces a seven- to nine- year sentence, depending on whether the false testimony causes damage to a defendant.

Presiding judge Soeripto has adjourned the libel suit until May 31.