Tommy not to appeal 15-year sentence

Tommy not to appeal 15-year sentence

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

Hutomo "Tommy" Mandala Putra announced on Thursday that he would
not appeal against his 15-year prison term for ordering the
murder of Supreme Court Justice M. Syafiuddin Kartasasmita last
year and three other charges, saying he had been traumatized by
the legal action taken against him.

Accompanied by his team of lawyers, the youngest son of former
authoritarian president Soeharto said he saw no point in
appealing the court verdict despite the fact that he was
innocent.

Tommy made the announcement during a media conference in the
main hall of Cipinang Penitentiary. A media briefing has never
been held by a prisoner at the East Jakarta penitentiary before.

"Conditions are not favorable for me as a justice-seeker, so
it is with a heavy heart that I have decided to let the time to
appeal pass," Tommy said in a low voice.

Tommy, who frequently bowed his head and did not smile as
often as he used to, claimed he had been treated unfairly during
his trial and alleged that the Supreme Court had intervened in
his verdict. He blamed "some people or a small group who want to
destroy me and my family for political reasons, creating public
hatred toward me."

Had he appealed and a higher court rejected it, he would have
run the risk of receiving a heavier sentence because murder as
well as illegal possession of firearms and ammunition carry the
maximum penalty of death.

The Central Jakarta District Court declared last Friday Tommy
guilty and sentenced him to 15 years in jail for the murder,
illegal possession of firearms and ammunition in two separate
cases and for fleeing from justice.

Some of Tommy's lawyers said earlier it was possible he would
appeal the verdict. A defendant has one week to appeal after a
court announces a guilty verdict. Friday was the last day that
Tommy could have lodged an appeal.

"I will consider other legal options, taking into account the
political situation in the country," Tommy read from a prepared
statement.

However, he did not mention what the other legal options were.
His lawyers -- Muhammad Assegaf, OC Kaligis, Indriyanto Seno
Adjie, Juan Felix Tampubolon and Elza Syarief -- refused to
answer reporters' questions about it.

But according to lawyers Irianto Subiyakto of the Indonesia
Legal Aid Foundation and Rudy Satrio of the University of
Indonesia School of Law, two other options are open to Tommy.

The first is asking for a presidential pardon should he admit
that he committed the crimes. The second option, if Tommy insists
on his innocence, is requesting a judicial review by the Supreme
Court.

"Tommy can choose only one of the options, he cannot request a
president pardon as well as request a judicial review at the same
time," Rudy said.

"It would be ridiculous and legally unacceptable should he do
both at the same time because it is impossible for a convict to
admit his guilt and maintain his innocence at the same time."

He was referring to a past legal adventure of Tommy's when he
and his lawyers requested a presidential pardon in his corruption
case but later asked the Supreme Court for a judicial review.

The case started on Oct. 14, 1999, when the South Jakarta
District Court exonerated Tommy in a Rp 95.4 billion corruption
case involving a land swap deal with the State Logistics Agency
(Bulog) in 1995.

However, the prosecutors appealed to the Supreme Court, which
then overturned the verdict and sentenced Tommy to 18 months in
prison. One of the judges who passed down the verdict was
Syafiuddin, who was shot dead on the way to his office on July 26
last year.

Tommy and his lawyers later requested a presidential pardon,
which was rejected by then president Abdurrahman Wahid
on Nov. 2, 2000.

Unable to accept the verdict, Tommy fled from justice.
Meanwhile, in a bizarre move, Tommy's lawyers lodged a request
for a judicial review.

Unexpectedly, the Supreme Court acquitted Tommy from the
corruption charges in Oct 1. last year. Tommy was arrested one
month later in November.

Both Irianto and Rudy urged the Ministry of Justice not to
discriminate between Tommy and other prisoners.

"Should he not use his right to appeal by Friday, it means he
accepts the verdict and begins his life as a prisoner. Cipinang
Penitentiary should treat him just like other prisoners," Irianto
said.

Officials at Cipinang Penitentiary have come under fire for
extending Tommy privileges in a prison block that was used by his
father's New Order administration to detain political prisoners.