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Marzuki defends decision naming Sinivasan a suspect

| Source: JP

Marzuki defends decision naming Sinivasan a suspect

JAKARTA (JP): Attorney General Marzuki Darusman defended his
decision to name Marimutu Sinivasan as a suspect in a Rp 9.6
trillion loan scandal, saying that reports submitted by State
Minister of Investment and State Enterprises Laksamana Sukardi
provided sufficient evidence to suspect the Texmaco boss.

"Pak Laksamana's evidence and explanation quality is
comparable to an investigation report, so my office can speed up
the legal process," Marzuki said here on Saturday.

He called on the public and the media not to distort the move,
saying that it was a logical move given the evidence provided.

Marimutu Sinivasan, the owner of the giant Texmaco business
group, was formally named on Thursday as a suspect of a loan
scandal at state banks.

Marzuki announced his decision soon after receiving documents
relating to the huge loan from Laksamana Sukardi. The attorney
general also issued a travel ban on Marimutu Manimaren and
Texmaco's commissioner Wairo.

On Friday, Sinivasan and his lawyer Adnan Buyung Nasution
lashed out at Marzuki's decision.

They questioned how the attorney general could make such an
assumption since he had only received the report a day earlier
and without even questioning the suspect himself.

Marzuki calmly brushed aside Sinivasan strong comments as a
normal reaction.

He underlined that being named a suspect did not mean the
person in question was guilty and that presumption of innocence
would be upheld.

"The office will also present an opportunity for him to
explain his side of the story," Marzuki said.

Separately, President Abdurrahman Wahid said that if the
attorney general had enough incriminating evidence to proceed
with a prosecution then he should do so.

Consequently, the company should also pursue legal means if it
wished to challenge Laksamana's reports.

The reports indicate that the company obtained preshipment
loans from a number of state banks with the aid of then president
Soeharto.

The company had allegedly breached central bank rulings to
gain preshipment facilities and violated the legal lending limit
of Bank Negara Indonesia.

Soeharto

Marzuki remained vague on whether the case could also result
in Soeharto being named a suspect.

He conceded that it was possible, especially if there was a
clear connection, "but we have to see whether the connection was
against the law."

"Although the case may be related to politics, I would like
tackle it as a legal matter," he added.

On Saturday, former deputy attorney general for special
crimes, Antonius Sujata, vouched for Marzuki's move, saying that
the attorney general is entitled to move quickly if the reports
in his possession indicate strong suspicion of Sinivasan.

"It's possible, if the reports are complete and the quality
equivalent to a formal investigation report," Sujata said on
Saturday.

But he predicted that chances looked slim for the state
attorney to charge Sinivasan with committing crimes by benefiting
from Soeharto's disposition letter.

"This case is more a civil case because it is about a loan. We
have to consider the process prior to and following the issuance
of the disposition letter," he said.

Sujata was doubtful that Soeharto could be linked to the
scandal, noting that the letter was worthless until a certain
action by the recipient followed.

"The act of issuing a disposition should be seen as a state
administrative decision and not a crime," he said.

The newly elected chairman of the National Economic Council,
Emil Salim, said the content of the disposition letter could
determine whether it was against the law.

The former minister under Soeharto said that issuing
disposition letters was common in business and government
practices.

Emil said that if there was evidence of violations, both the
provider and recipient of the letter should be brought to
justice. (04)

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