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.