`Koran Tempo' lawyers call for inquiry

`Koran Tempo' lawyers call for inquiry

M. Taufiqurrahman, The Jakarta Post, Jakarta

The Koran Tempo daily's defense team has called for an
independent inquiry into a court's controversial libel verdict,
which orders the newspaper to pay a whopping US$1 million in
damages to tycoon Tomy Winata.

Lawyer for the defense Todung Mulya Lubis said the South
Jakarta District Court's verdict was "excessive", and smacked of
collusion.

"Apart from resorting to the appellate court, we demand an
examination of the verdict should be carried out soon. It was
arbitrary and went against any standing regulations that should
protect journalists in carrying out their duties," Todung told a
media conference on Wednesday.

With such a harsh verdict, the public could not be blamed for
suspecting that the judges had colluded with Tomy to rule in
favor of him, Todung said.

The amount of damages awarded would put the daily in a serious
financial position and would set a powerful precedent, stifling
the media's criticism of public figures.

The daily was found guilty of libeling Tomy in an article
titled (Southeast Sulawesi) Governor Ali Mazi denies Tomy Winata
to open casino, published in its Feb. 6, 2003, edition.

Judges on Tuesday ordered Koran Tempo to pay damages and make
public apologies in the national and foreign media for three
consecutive days. Should the daily fail to abide by the ruling,
it will be fined Rp 10 million (US$1,190) a day.

Todung said the public were entitled to set up independent
examination teams to scrutinize controversial court rulings.

Although recommendations from the team were not binding, they
could influence subsequent court proceedings, he said.

Koran Tempo daily chief editor Bambang Harymurti said the
panel of judges who made the verdict could end up facing
prosecution.

"Their verdict could be categorized as an attempt to deter the
press from serving the public. According to Press Law the judges
could be sentenced to two years in prison if found guilty of
hampering journalists in carrying out their duties."

The amount of damage that the daily has to settle contravenes
Press Law No. 40/1999, which stipulates the maximum fines in
media-related cases should stand at Rp 500 million ($ 58,000).

Bambang also called on the public to closely watch the South
Jakarta District Court. It had a reputation for exonerating
defendants in high-profile corruption cases and for convicting
investigative journalists, he said.

Meanwhile, Todung said the fine, which was stated in U.S.
dollars, was an insult to the national currency.

"The judges who handle this case are either careless or blunt
for not converting the dollar into rupiah," Todung said, adding
that he was told earlier the judges had previously set the figure
at $2 million.

According to Todung, this was the first time an Indonesian
court handed down a verdict demanding compensation be paid in a
foreign currency.

In 1999, former president Soeharto filed and lost a lawsuit
against US magazine Time weekly for publishing allegedly libelous
articles. He had demanded $27 billion from the magazine for
material losses and another $40,000 for immaterial losses.

A panel of judges chaired by Sihol Sitompul at the Central
Jakarta District Court ruled in favor of Time.