Thu, 11 Oct 2001

Judges answer on Tommy release

Tertiani ZB Simanjuntak and Tiarma Siboro, The Jakarta Post, Jakarta

Chief Justice Bagir Manan said here on Wednesday that he will ask the three members of the panel which exonerated Hutomo "Tommy" Mandala Putra, the son of former president Soeharto, from all corruption charges last week to clarify their decision.

Bagir said that if there were violations in the process, the justices in charge of the case will be terminated and the Attorney General's Office will take charge of the case.

"Amid public disappointment over the verdict, there are rumors of bribery in its decision-making process. So it's better for the justices to clarify themselves," he said, adding that a clarification team of justices would be decided upon at an executive meeting to be held on Thursday.

Commenting on criticism by the House of Representatives over the verdict, Bagir said, "The House is responsible for carrying out the will of the people. House members must understand that we have different roles, the Supreme Court upholds the law, while the House makes and modifies laws. I hope they will respect the verdict by avoiding any interference."

When asked whether the Supreme Court was ready to face an examination over its performance during the annual session of the People's Consultative Assembly, Bagir reiterated that political maneuvers in the legislative branch are not supposed to affect the judiciary.

Meanwhile Justice Soeharto, one of the three members of the panel overturning the verdict on fugitive Hutomo "Tommy" Mandala Putra, claimed to be in disagreement with the panel's decision.

"I have a dissenting opinion on the decision. Even though the case was discussed twice before making a decision, I did not change my mind. It will be my pleasure should there be a team in charge of examining the case so this matter can be transparent," Soeharto told reporters on Wednesday.

He refused to elaborate.

Soeharto (no relation to Tommy's father former president Soeharto) made his statement after an impromptu visit from members of the House of Representatives Commission II on legal affairs who were seeking explanations regarding the formal mechanisms of the judicial review in the Court and the proceedings of Tommy's case.

Many people suspect irregularities in the handling of the judicial review whose decision is believed to have destroyed people's trust that justice can be done here. Deputy Chief Justice M. Taufiq reportedly named himself to handle the case and picked two other justices as his panel members.

The Court had earlier sentenced Tommy to 18 months in prison for his role in the 1995 land swap scam involving his retailer PT Goro Batara Sakti and the National Logistics Agency (Bulog). Tommy fled after his appeal for a presidential pardon was rejected.

Legislator J. Sahetapy told reporters after Wednesday's visit that he would personally write to President Megawati Soekarnoputri in addition to an official letter to be sent by the Commission II, underscoring the urgency of an examination into the court's decision.

"We found that Taufiq was defensive over the matter. His answer on the process of judicial review on Tommy's case was not satisfactory," he added.