The trial of Soeharto must go on, says Abdurrahman

JAKARTA (JP): President Abdurrahman Wahid asserted on Friday that the trial against former president Soeharto would proceed, with or without the accused's presence.

Speaking at a public dialog after Friday prayers at the Al Munawaroh Mosque near his private residence in Ciganjur, South Jakarta, the President called on the nation to be patient in waiting for the results of the trial and expressed his belief that Soeharto's absence would not affect the legal process.

"The medical conclusion that the defendant is unable to attend the trial does not mean that the trial itself should be stopped," Abdurrahman said.

"The trial must go on".

Soeharto failed to attend the first session of the trial on Thursday, due to a medical report from his doctors that the former president is sick.

Soeharto is alleged to have misused some Rp 1.4 trillion and US$416 million of public funds in seven charitable foundations he chaired.

He faces charges of stealing state money by funneling it from the tax-free foundations into the businesses of family members and friends.

Abdurrahman, who himself has suffered two strokes, hinted on Friday that Soeharto, who has had two mild strokes, has been yielding on his fate and is fully repentant.

However, he also warned that it was not legally easy to prove that Soeharto is guilty of corruption, although most people believed he committed the crime.

"Everyone knows that Soeharto is guilty, but it is difficult to find the legal evidence," said the President.

Abdurrahman also reiterated his commitment to pardon Soeharto should he be found guilty and if he eventually agreed to hand over his alleged wealth to the state.

"That is the absolute condition; he must first return his wealth to the state," Abdurrahman remarked.

Meanwhile, former minister of justice Muladi added that the South Jakarta District Court judges should obtain a fatwa, a legal edict, from the Supreme Court, permitting them to hold an in absentia trial in Soeharto's case.

"The trial must go on, even if it is an in absentia one, because a continuing trial gives certainty to Soeharto and his family concerning the legal problems they are facing right now," he told journalists after a law seminar held here.

"Moreover, the trial can be used to examine the witnesses and cronies of Soeharto who are believed to be involved in the case. That way, the trial will open up the possibility of naming them as suspects," added the law lecturer of the Semarang-based Diponegoro University.(bby/prb)