Tommy denied pardon
Tommy denied pardon
JAKARTA (JP): President Abdurrahman Wahid refused on Thursday
to pardon former president Soeharto's youngest son Hutomo "Tommy"
Mandala Putra, and officials said Tommy would be taken by force
if he refused to begin serving his 18-month jail term for
corruption on Friday.
"Today a presidential decree was signed... the President has
declined the request for a pardon which was submitted by Hutomo
Mandala Putra and Ricardo Gelael," presidential spokesman Wimar
Witoelar said during a media conference.
Wimar said the execution of the 18-month jail term handed down
in September by the Supreme Court would be carried out by the
South Jakarta Prosecutor's Office.
When asked when Tommy would be sent to jail, Wimar said: "That
depends on the attorney general... (but) on behalf of the
President, I can say that Tommy Soeharto is going to jail."
The head of the South Jakarta Prosecutor's Office, Antasari
Azhar, said later in the day a copy of the decree had been
received by his office.
"Today (Thursday), the prosecutor's office will send a summons
to Tommy for the execution (of his sentence) tomorrow (Friday)
after Friday prayer," Antasari said.
If Tommy does not surrender to authorities he will be taken
"by force, in a professional way", Antasari said without
elaborating.
One of Tommy's lawyers, Nudirman Munir, accused the
authorities of ignoring legal procedures in their rush to send
his client to jail, a move he said was premature.
"We might file a request with the Supreme Court for another
delay of the execution (of the sentence)," Nudirman said.
However, the secretary-general of the Supreme Court, Pranowo,
dismissed this possibility, saying the President's decision was
final.
Tommy and his business partner Ricardo were each sentenced to
18 months in jail in late September, when the Supreme Court
overturned two lower court verdicts and found them guilty of
causing Rp 76.7 billion in losses to the state.
They were found guilty of swapping a tract of swampy land for
prime real estate belonging to the State Logistics Agency in
order to build a superstore.
Both men have remained free since the Supreme Court's ruling,
but while Ricardo sought only a presidential pardon, Tommy asked
for both a presidential pardon and a judicial review of the case.
He had been given until Thursday to surrender to prosecutors
and be jailed pending the outcome of the review.
But Tommy failed to show up at the prosecutor's office because
he was awaiting a decision on his pardon plea, his lawyer Erman
Umar said.
According to the law, a request for a presidential pardon
forces a stay of execution of a sentence until a decision is
issued.
Earlier, Minister of Justice and Human Rights Yusril Ihza
Mahendra stated his office had recommended that Abdurrahman
formally decline Tommy clemency, saying he saw no reason for the
President to grant a pardon.
He also criticized Tommy for failing to show remorse for his
actions, appealing both for Abdurrahman's mercy and for a
judicial review of his case.
"This is a corruption case that must be responded to properly
because the concerned party does not regret his actions,
evidenced by his appeal for clemency while simultaneously
appealing for a (judicial) review," he said.
Meanwhile, an official at Cipinang Penitentiary told The
Jakarta Post on Thursday afternoon staff members there had
prepared a cell for Tommy several days ago.
If jailed, Tommy will be the first member of the former first
family to be put behind bars, a development made possible by his
father's stepping down from the presidency following mass
demonstrations in May 1998.
The Supreme Court's director for criminal cases, Djoko
Sarwoko, said Tommy and Ricardo's clemency appeals were given
special attention, leapfrogging 47 other appeals waiting to be
heard.
"The Supreme Court made the two pleas (by Hutomo and Ricardo)
a top priority because they involve a special corruption case,"
Djoko said. (bby/byg/ylt)