Court rejects ex-banker's pleas, continues trial

Court rejects ex-banker's pleas, continues trial

JAKARTA (JP): The South Jakarta District Court rejected on
Thursday the pleas advanced by the lawyers for former Bank Aspac
director Hendrawan Haryono and decided to continue with the
trial.

Hendrawan has been accused of allegedly misallocating Rp 583.4
billion (US$63.4 million) in Bank Indonesia Liquidity Support
funds.

Presiding judge Muchtar Ritonga told the hearing that the
arguments advanced by Hendrawan's defense lawyers had entered the
substance of the case.

He said although the defendant had yet to be proven guilty,
the prosecutors had to be able to prove their indictments in the
next hearing.

"That's why the court has decided to continue the trial to
hear the testimonies of witnesses and the defendant," Ritonga
said. He ordered the prosecutors to present witnesses at the next
hearing.

Earlier, the prosecutors asked the district court to reject
the arguments advanced by Hendrawan's lawyers, saying that they
were not supported by strong legal grounds.

Chief prosecutor Soetantyo said the lawyers' counterstatement
ran contrary to Article 156 of the Criminal Code on procedures
for filing objections to a court's authority to try a criminal
case.

"The prosecution has accurately and thoroughly compiled the
indictment in accordance with the law.

"Therefore, the South Jakarta District Court has the
jurisdiction to hear the defendant's case based on the
prosecutors' indictment," Soetantyo said on Monday.

Hendrawan, along with then Bank Aspac president Setiawan
Harjono, was arrested in April this year for his alleged
wrongdoing.

Setiawan, who will be tried separately, has yet to appear in
court as he is receiving treatment at Mitra Keluarga Hospital in
East Jakarta.

In his counterstatement to the indictment, lawyer L.M.M.
Samosir said the prosecutors had failed to produce sufficient
evidence to justify charging the defendant.

Samosir further said the prosecutors should not have charged
the defendant with the 1971 Corruption Law, but with the 1992
Banking Law instead.

He argued that liquidity support fund cases involving another
47 banks had been settled through the offices of the Indonesian
Bank Restructuring Agency (IBRA).

"We are unable to understand why only (our client) Hendrawan
of PT Bank Aspac is being tried on corruption charges," Samosir
said, while questioning the prosecutors' motives.

At a preliminary hearing, prosecutor Soetantyo said that
Hendrawan, 46, had violated Article 1 of Law No. 3/1971 on
corruption, which carries a maximum punishment of life
imprisonment.

Soetantyo said that the defendant, along with Setiawan, had
abused his authority to enrich himself or others at the expense
of the state between February 1998 and February 1999.

The prosecutor also accused Hendrawan of violating Article 49
of Law No.7/1992 on banking. This Article carries a maximum
sentence of 15 years imprisonment.

Soetantyo said that Bank Aspac received Rp 583.4 billion from
Bank Indonesia in December 1997 as part of the government's
liquidity support scheme.

However, after receiving the funds from the central bank,
Hendrawan reportedly allocated a part of the money for foreign
exchange trading and to finance the operations of some
corporations affiliated with Bank Aspac.

Presiding judge Muchtar Ritonga adjourned the hearing until
next Monday to hear witnesses' testimonies. (01)