Justices blamed for delay in BLBI verdict

Justices blamed for delay in BLBI verdict

Abdul Khalik, Jakarta

The Attorney General's Office (AGO) expressed fears on Thursday
that a convict in the misuse of Bank Indonesia liquidity support
(BLBI) might have fled the country and the state might have lost
Rp 1.3 trillion (US$1.38 billion), due to Supreme Court negligence.

Spokesman for the office Kemas Yahya Rahman said prosecutors
could not jail David Nusa Wijaya, alias Ng Tjuen Wie, owner of
the now-defunct Bank Sertivia, and confiscate his assets because
the Supreme Court failed to send the copy of the verdict, which
had been delivered almost a year ago.

"The Supreme Court handed down the verdict on David on July 23
last year. However, we haven't been able to do anything until now
because we haven't got a copy of the verdict," said Kemas.

Kemas added the West Jakarta Prosecutor's Office, which was
supposed to execute the verdict, had asked the Supreme Court for
a copy in its letter dated May 26 of this year, but had received
no response. It remains unclear why the prosecutors asked for the
copy that late.

According to the law, the prosecutors can only execute a
verdict after they have received a copy of the verdict from the
Supreme Court.

David was found guilty of embezzling Rp 1.27 trillion in BLBI
funds by the West Jakarta District Court. He was sentenced to
only one year in jail. Subsequently, he filed an appeal to the
Jakarta High Court but was given four years' imprisonment
instead.

The convict then appealed to the Supreme Court, which
sentenced him to eight years and fined him Rp 1,297 trillion, to
recover the state losses.

Kemas said it was difficult now to trace the whereabouts of
David.

"A travel ban slapped on him is still effective. However, it
may have failed to prevent him from fleeing the country via a
small or remote island, just as Alex Manuputty did," Kemas said.

He was referring to the Maluku Sovereignty Front (FKM)
chairman, who was convicted of treason but managed to escape the
country to the United States because of the late arrival of the
copy of the Supreme Court verdict.

The state has suffered more than Rp 137 trillion in losses due
to misuse of the BLBI. Ironically, law enforcers have failed to
properly address the issue, with many of the suspects being
acquitted or being given lenient sentences.

The fund misappropriation was first disclosed by the Supreme
Audit Agency (BPK) in May 1999.

The government provided liquidity support amounting to Rp
144.5 trillion from August 1997 to early 1999 to assist 48
commercial banks to cope with massive runs during the monetary
crisis. However, the audit agency revealed that 95 percent of the
troubled banks misappropriated the funds.