Fri, 15 Oct 1999

Tommy acquitted of graft charges

JAKARTA (JP): South Jakarta District Court exonerated on Thursday former president Soeharto's youngest son Hutomo "Tommy" Mandala Putra and his business associate Ricardo Gelael, both executives of the wholesale firm PT Goro Batara Sakti, from all corruption charges in a Rp 95.4 billion (US$13.4 million) land exchange deal with the State Logistics Agency (Bulog) in 1995.

Judge Soenarto, who presided over the hearing against Tommy, said the court did not have enough evidence to prove that the criminal charges pressed by the prosecutors against the defendant were true.

"There is no evidence that the state or Bulog suffered losses in its deal with PT Goro Batara Sakti.

"If Bulog suffered losses, it should file a lawsuit at a civil court. It's a civil case," Soenarto said, while reading the 278- page verdict.

The judge said Tommy did not play an active role in the exchange deal, signed in Feb. 1995, as it was mostly handled by Goro's president, Ricardo.

"There is no evidence that Tommy abused his authority. So he should be freed," Soenarto said. This was immediately applauded by dozens of Tommy's supporters.

Tommy, who arrived at the court at 9:30 a.m. in his Timor jeep, repeatedly hugged members of his team of lawyers, led by M. Dault.

Prosecutor Fachmi said he would appeal to the Supreme Court. He accused the judges of passing a wrong verdict.

"The judges never mentioned that the crime was collectively committed by Tommy, Ricardo and Beddu (former Bulog chairman Beddu Amang). It's not only about Tommy," he told reporters after the hearing.

"Although Goro has compensated the losses it does not mean that the case is settled.

"Many corruptors would be free people if they could return the money they defrauded," he said.

Fachmi earlier asked the court to sentence Goro's former president commissioner to two years in jail and order him to repay Rp 28.15 billion to the state in compensation for the losses.

He said Tommy violated Article 28 of Law No. 3/1971 on corruption, which carries a maximum punishment of 20 years in jail.

In a separate courtroom, presiding judge Djalius Amin similarly declared Ricardo not guilty and freed the former Goro president from all charges.

"There is no evidence that the state suffered losses in the land exchange deal," Djalius said.

Prosecutor Dachamer Munthe, who earlier asked the court to sentence Ricardo to two years in jail, said he would also file an appeal to the Supreme Court.

Wearing a brown long-sleeve T-shirt, Ricardo burst into tears and could only tell reporters, "Alhamdullilah (Thanks be to God)."

Tommy, Ricardo and Beddu were simultaneously indicted at the court in April this year. Beddu's indictment was later dropped since he was still a member of the People's Consultative Assembly (MPR).

The defendants were indicted for their alleged involvement in an exchange deal over 50 hectares of land belonging to Bulog in the Kelapa Gading area, North Jakarta. Goro, in return, was obliged to provide 71 hectares of land in Marunda, North Jakarta.

Chairman of the Foundation of the Indonesian Legal Aid Institute (YLBHI) Bambang Widjoyanto said Tommy's verdict indicated that President B.J. Habibie had not been serious in handling corruption cases, especially related to Soeharto, his relatives and associates. (jun)