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)