Tommy seeks review of murder conviction

Tommy seeks review of murder conviction

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

Convicted Hutomo "Tommy" Mandala Putra, -- who earlier accepted
his 15-year jail term sentence for the 2001 murder of Justice
Syafiuddin Kartasasmita and three other cases -- has decided to
challenge the verdict.

Tommy announced on Aug. 1, 2002 that he would not appeal the
court sentence but stressed that he would consider other legal
options, "taking into account the political situation in the
country."

And Tommy seems to have seen a favorable political situation
as on Wednesday Judge Andi Samsan Nganro, the spokesman of the
Central Jakarta District Court, revealed that Tommy's lawyers
submitted a request for judicial review to the court last week.

"We have set up a panel of judges to hear the case before
passing it on to the Supreme Court. The panel decided to mandate
the Cilacap District Court to hear the case in light of new
testimony from witnesses and to check new evidence," he told
reporters on Thursday.

Judge Andi did not reveal the new evidence to be presented by
Tommy. John K. Aziz, Tommy's lawyer, could not be reached for
comment.

The panel of judges in Jakarta, which consists of Judge Ridwan
Mansyur, Sunaryo and Panusunan Harahap, will decide whether the
case has the merit to be processed or not, Judge Andi added.

Tommy is currently being held at the Batu Penitentiary on
Nusakambangan island, Central Java. The island is under the
jurisdiction of Cilacap District Court.

According to legal procedure, a convict making a request for a
judicial review to the Supreme Court must submit new evidence to
the district court that heard the case. The district court is
obliged to check new evidence, including testimony by witnesses
presented by the convict.

"A Supreme Court regulation permits a district court to ask
another court to hear such a case," Judge Andi said.

Judge Andi said the court's decision was also due to security
reasons resulting from Tommy's past record as a fugitive. During
his trial last year, the police heavily guarded the youngest son
of former president Soeharto.

Judge Andi denied that the court's decision was an attempt to
avoid press coverage of the case.

Legal observers warned of flaws in Tommy's verdict that could
lead to the Supreme Court overturning it.

One of the loopholes was the fact that the police failed to
secure a court warrant before seizing firearms and ammunition
believed to belong to Tommy from different locations.

Evidence is invalid if it is seized without a warrant.

Legal experts said that Tommy's absence during the delivery of
the verdict was another mistake that might influence the appeal's
ruling, or serve as a tactic to gain time for "negotiations" that
could lead to the verdict's annulment.

The Central Jakarta District Court delivered the verdict in
the absence of the defendant, who claimed to have diarrhea, which
his doctors said was the result of stress.