Tommy gets 15 years for key role in justice's murder
Muninggar Sri Saraswati, The Jakarta Post, Jakarta
Amid strong public criticism of the country's corrupt judiciary, the Central Jakarta District Court sentenced on Friday evening the youngest son of former president Soeharto, Hutomo "Tommy" Mandala Putra, to 15 years in jail for masterminding the murder of a Supreme Court justice.
The panel of five judges delivered the verdict with neither the presence of the defendant, who claimed to be suffering from diarrhea, nor his lawyers.
"The defendant is proven guilty beyond any reasonable doubt of masterminding the premeditated murder of Supreme Court Justice M. Syafiuddin Kartasasmita," presiding Judge Amiruddin Zakaria said, at the end of the marathon session, which closed at 7:45 p.m.
The hearing, tightly guarded by around 200 policemen, attracted hundreds of both local and foreign reporters who packed the courtroom -- some had arrived as early as 7 a.m.
Tommy, 40, was also proven guilty of violating two charges of illegal possession of firearms and ammunition, and one charge on fleeing justice.
The murder had rocked the legal world and caused public unrest, the judge said.
The first three charges, bar the one on fleeing justice, carry a maximum penalty of death.
The sentence was exactly the same as the recommendation made by the state prosecutors, which had earlier been criticized for being too lenient.
At least the court managed to issue a guilty verdict.
Prosecuting and convicting Tommy was something beyond most people's expectations. It would never have happened during the 32-year reign of his authoritarian father.
Tommy was found guilty of hiring hitmen to murder Syafiudin, who sentenced Tommy to 18 months in jail in 2000 for corruption.
He was shot dead by R. Maulawarman, alias Molla, and Noval Hadad on his way to work on July 26 last year.
Tommy had fled from justice in November 2000 after then president Abdurrahman Wahid rejected his request for a presidential pardon, and was captured after a year-long manhunt.
In February, judges Amiruddin, Andi Samsan Nganro and Judge I Ketut Gede sentenced Molla and Noval to life each, a much heavier ruling than the 14-year jail term requested by prosecutors.
Many had therefore expected Tommy, as the mastermind, to be sentenced to more than 15 years.
The judges mentioned mitigating factors for Tommy: that he felt depressed at the time he committed the crimes, that he is still relatively young and that he has a family.
Tommy's trial, which began on March 20, was full of controversy. The court added two more judges, Herri Swantoro and Pramodana K. Kusumah Atmadja, to the panel of three judges presiding Tommy's case halfway through the trial, a move that has never happened at an Indonesian court before.
After two hearings, the Jakarta Prosecutor's Office replaced chief prosecutor Andi Rahman Asbar with Hasan Madani.
The real controversy, however, involved Tommy himself, who looked relaxed most of the time.
He shocked the court last month when he said he was able to evade police capture because of "coordination with law enforcers".
His lawyer, Elza Syarief, was detained for about two weeks by the police for allegedly bribing two witnesses to tell lies at Tommy's trial.
Tommy failed to turn up at court, claiming he was sick, on the day the prosecutors were scheduled to present their sentence recommendation. On Friday, at the last minute, he also used the same excuse.
Many believe Tommy is attempting to buy time as his detention period will expire on Aug. 3.
As a result, the court was forced to present the verdict without the presence of Tommy.
Based on the handbook issued by the Ministry of Justice, a court may deliver the verdict without the defendant, even though Article 196 of the Criminal Code Procedures stipulates that the presentation of a verdict should be made in the presence of the defendant, Judge Amiruddin said.
"The session is not an examination (of the defendant), but the end of the legal process. Here, the defendant no longer has the right to defend himself, therefore, his presence is not necessary," he said.
To protest the decision, lawyer Muhammad Assegaf and his colleagues left the courtroom.
They have one week to decide whether or not to appeal.
Tommy's accomplices
(Name: Case)
Eliza Maria Tuwahatu: The East Jakarta District Court sentenced her to 10 years in jail for illegal possession of bombs found in Taman Mini, East Jakarta. She claimed the bombs were given to her by a man who looked like Tommy. Prosecutors recommended a 15-year jail term.
Hetty Siti Hartika: The Central Jakarta District Court sentenced her to four years imprisonment for illegal possession of firearms in the Soeharto family-owned Cemara Apartment in Central Jakarta. Prosecutors recommended a six-year sentence.
Dedi Sutaedi Yusuf: The South Jakarta District Court sentenced him to 16 months in jail for document forgery aimed at helping Tommy, who was on the run. Prosecutors recommended a two-year jail term.
Ferry Hukom: The South Jakarta District Court sentenced him to 14 months in jail for document forgery. Prosecutors recommended a two-year term.
Noval Hadad: The Central Jakarta District Court sentenced him to life imprisonment for the murder of Supreme Court Justice M. Syafiuddin Kartasasmita and illegal possession of firearms and ammunition Prosecutors recommended a 14-year jail term.
R. Maulawarman alias Molla: same as above
Dody Harjito: The South Jakarta District Court sentenced him to four years in jail for his role in Syafiuddin's murder and the renting of a house used as Tommy's hideout. Prosecutors recommended a six-year jail term.
Rossana Hasan: currently on trial in the Tangerang District Court for allegedly assisting Tommy while he was on the run.
Bill Haq: same as above
Ursula Regina Sandy alias Sandy Harun: same as above
Sources: The Jakarta Post