Fraudsters avoids jail by fleeing prosecutors

Fraudsters avoids jail by fleeing prosecutors

Abdul Khalik, Jakarta

State prosecutors sent to execute the verdict of Bank Indonesia
Liquidity Support (BLBI) convict David Nusa Widjaja returned with
empty hands on Monday, as the businessman had fled.

West Jakarta Prosecutor's Office chief Fahmi said prosecutors
did not find David at home when they delivered a letter ordering
him to serve his eight-year sentence.

While admitting that it would take some time to locate David's
whereabouts, Fahmi expressed optimism that the businessman,
former owner of the now-defunct Bank Servitia, had not fled the
country.

"We have put him on our wanted list. It will be hard for us to
locate him, because we just received a copy of the verdict last
week, while the Supreme Court convicted him last year. Our
prosecutors are now trying to trace him," Fahmi said.

However, Minister of Justice and Human Rights Yusril Ihza
Mahendra said earlier that according to immigration records,
David had fled the country.

The Supreme Court sentenced David to eight years in prison and
fined him Rp 1.297 trillion (US$1.38 billion) to cover the losses
he had inflicted on the state through his misuse of BLBI funds,
but the Attorney General's Office apparently received the copy of
the verdict only last week to forward to the local prosecutor's
office.

Fahmi offered no convincing proof of David's presence in the
country, claiming only that the businessman would not leave his
assets in Indonesia unattended.

He declined to provide the value of David' assets, as
prosecutors were still calculating their worth.

"We will confiscate whatever assets he has as soon as possible
to recover state losses caused by his actions," said Fahmi.

Analysts blamed the Supreme Court for its administrative flaw
that contributed to David's escape, as the court verdict had been
handed down on July 23, 2003, while the West Jakarta prosecutor's
office received it on July 28, 2004.

The Supreme Court has admitted to administrative shortcomings
that resulted in the gross delay in delivering a copy of the
final verdict on David to prosecutors for execution.

Moegihardjo, who heads the court's administrative division for
criminal cases, said the problem had arisen following the
replacement of a number of court clerks and administrators,
including those who were responsible for David's files.

According to the law, prosecutors can only execute a verdict
when they receive a copy from the issuing court.

Fahmi said he had no clue as to David's possible whereabouts.

The office was forced to release David upon the lack of a
detention order from the court during the trial; he has been free
since mid-2003.

"We have asked the immigration office to ban him from
traveling abroad starting today," he said.