Tommy gets 15 years for key role in justice's murder

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