Supreme Court says Tommy is not guilty

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

In a surprising move, the Supreme Court overturned on Monday an earlier conviction and 18-month prison sentence passed down on former president Soeharto's fugitive son Hutomo "Tommy" Mandala Putra.

Supreme Court deputy chief M. Taufiq, one of the review justices, said that the court overturned the ruling against Tommy because new evidence had emerged.

"Tommy had not been part of his company's day-to-day operations and, therefore, he should not be held responsible for its wrongdoing," Taufik said.

Tommy has been on the run since November after being served an 18-month jail sentence over an US$11 million land scam in 1995 involving his supermarket chain Goro Batara Sakti and the State Logistics Agency (Bulog).

He was registered as the owner and commissioner of Goro.

"As the company's commissioner, Tommy cannot be held responsible for any policies decided by his company. It was PT Goro's board of directors that should have been accountable," Taufiq said, referring to Article 100, line 2 of the 1995 corporate law.

Supreme Court Chief Justice Bagir Manan said the judicial review had been conducted fairly.

"It was based only on the law and had nothing to do with politics," he said.

Indonesian Corruption Watch (ICW) instantly slammed the Supreme Court's "very controversial" decision.

ICW coordinator Teten Masduki contended that, although Tommy was a commissioner at Goro, he was the one who initiated the deal and, therefore, the justices should not negate that factor.

Furthermore, Teten said, Tommy once applied for presidential clemency before filing a review with the Supreme Court, meaning that Tommy had actually admitted his wrongdoing by asking for clemency.

"This decision by a panel of Supreme Court justices is very controversial and could tarnish Indonesia's legal system.

"This case indicates the death of our legal system. It appears that no hope can be expected by the public from the Supreme Court under the leadership of Bagir Manan to restore law enforcement, especially to eradicate corruption," Teten said in a statement.

Tommy had been the only member of the Soeharto family to be found guilty of corruption. Former president Soeharto evaded prosecution for graft charges last year, claiming that he was too ill and weak to face trial.

As expected, Tommy's lawyer Nudirman Munir hailed the Supreme Court's decision, praising the court for its "fair decision in hard times".

"This has been the longest year of my life. I thank God for this incredible decision by the Supreme Court. From the very beginning we believed that Tommy was not involved in the scam," Nudirman told private television station Indosiar.

Nudirman, however, said that it was not clear whether Tommy would come out of hiding following the court's decision.

Tommy's escape has become one of the most scandalous legal cases, surrounded by rumors alleging bribery of state prosecutors and judges.

One of Tommy's lawyers, Elza Syarief, even revealed that former president Abdurrahman Wahid had sought "compensation" if he offered presidential clemency for Tommy to escape imprisonment. Abdurrahman has repeatedly denied the claim.

Another factor clouding the possibility of Tommy emerging from hiding following the Supreme Court decision is the allegation that he masterminded the assassination of judge Syafiuddin Kartasasmita, who originally found him guilty.

Tommy, a flamboyant millionaire, has also been accused of being behind a spate of bombings in Jakarta.

Through his relatives and lawyers, Tommy has denied the accusations.

The police, who have been criticized for failing to capture Tommy, vowed to maintain their search.

"We will keep on searching for him," National Police spokesman Brig Gen. Saleh Saaf said.