Disco owner gets probationary sentence

JAKARTA (JP): Businessman Hendro Sumampouw was sentenced yesterday to three months in prison, with six months probation, and fined Rp 5 million for having marijuana in his car.

The court ruled that Hendro, 38, the owner of the popular Hailai Discotheque in Ancol, North Jakarta, need not go to prison unless he is again found with drugs within the six-month probationary period.

Hendro, a politically well-connected businessman, was released from police custody three months before the trial.

During the trial, the prosecution demanded that Hendro be sentenced to six months imprisonment for the possession of two marijuana cigarettes and seven-and-a-half Ecstasy pills.

We find the defendant guilty of having narcotics in his car. Even though the charges of possessing narcotics for personal use or supply were not proved, Presiding Judge R. Soetatmo Hadibroto of the North Jakarta District Court said. He was referring to Article 23(3) of the 1976 Narcotics Law under which Hendro was charged.

"By referring to the facts revealed during the trial, we are convinced that the defendant carried the narcotics in his car," Judge Soetatmo said, referring to the testimonies of the five police officers who discovered the contraband in Hendro's BMW sedan in a raid last July.

Judge Soetatmo said the court did not consider the Ecstasy pills when deciding its verdict because the prosecution had not elaborated on this charge during the trial.

When questioned by Judge Soetatmo after the verdict was read, Hendro said he would consider whether to appeal the decision.

Prosecutor Andhi Nirwanto told reporters after the trial that he would report the court's result to his superiors before deciding whether to appeal.

Hendro's lawyer, Amir Syamsuddin, told reporters after the trial that the court should have acquitted his client from all charges and set him free.

"If my client did not possess the stuff, how could he have it under his control?" Amir said. (26)