Tommy still not imprisoned

JAKARTA (JP): Efforts to send former president Soeharto's son Hutomo "Tommy" Mandala Putra to jail turned out to be a farce on Monday as he managed to evade a second attempt over claims that he had not received a legalized copy of the presidential decree rejecting his plea for a pardon.

As of midnight, the deadline for him to surrender, Tommy remained at large. Dozens of local and foreign journalists were still waiting for his appearance at the Cipinang prison in East Jakarta.

Even as prosecutors stated that Tommy's lawyers had received the legalized photocopy of the decree on Monday morning, lawyers Nudirman Munir and Erman Umar had yet to decide whether to agree or disagree on the acceptance of the copy.

Erman told The Jakarta Post that lawyers had urged Tommy to fulfill the prosecutor's summons and surrender himself on Monday or at the latest by early Tuesday.

"We now have the copy of the decree, and we have asked Tommy, via Nudirman, to surrender himself to prosecutors, with a big heart, before the deadline expires on Monday midnight," Erman said on Monday evening.

However, Nudirman insisted that they had yet to receive the legalized copy.

"No, no. Who told you we received the copy, and that I advised Tommy to surrender?" Nudirman asked the Post.

Meanwhile, Minister of Justice and Human Rights Yusril Ihza Mahendra lashed out at the actions of Tommy's lawyers, whom he accused of trying to obstruct the course of justice.

"It is a known fact that President (Abdurrahman 'Gus Dur' Wahid) has issued a decree rejecting Tommy's plea for a pardon. Tommy's lawyers are making up things to stop their client from being jailed," Yusril told reporters on Monday.

"I mean, it's a fact that Gus Dur's our president. Must we show proof of this?"

South Jakarta District Court deputy chief, Soemarno, confirmed that Tommy's lawyer, L.L.M. Samosir, had personally received the copy of the decree.

"Samosir has received the copy certified by the district court. We delegated the Central Jakarta District Court to hand it over to the lawyers," Soemarno said in a televised SCTV talk show on Monday evening.

Clerks of the Central Jakarta District Court had, since Friday afternoon, tried to hand the documents to the criminal at the latter's residence, but to no avail.

Chief of the South Jakarta Prosecutor's Office Antasari Azhar hinted on Monday of the possibility of taking legal action against Tommy's lawyers for obstructing justice.

"We'll deal with that after we get hold of Tommy. After Monday midnight, we'll take forcible action against Tommy. What kind of action... you'll see then," Antasari said.

When reporters asked him if he knew of Tommy's current whereabouts, Antasari remained silent.

National Police Chief Gen. Surojo Bimantoro told reporters on Monday that once he received the order from the prosecutors, a police manhunt would be set out for Tommy.

"We'll search for him and arrest him wherever he is, once we get the order," Bimantoro said.

Meanwhile, House Speaker Akbar Tanjung laid the blame on the South Jakarta Prosecutor's Office for being totally unprepared with the paperwork in regard to Tommy's arrest.

"The Office was lacking in preparations for the arrest. The Chief of the Office (Antasari) does not seem to be serious about this arrest," Akbar told reporters on Monday.

Akbar also warned the government of the people's wrath should Tommy manage to escape the country.

He called on Tommy to surrender himself to the authorities, saying that it was the best choice left for him.

"His refusal to come forward will give people a negative impression of him and his family," Akbar said.

He added however, that he believed Tommy was not really attempting to escape or hide from the law.

"I'm sure he (Tommy) will obey the prosecutor's summons because he knows it's best for him," he said.

Earlier, Nudirman said that without a search warrant no police officer could search Tommy's residence on Jl. Rasamala III/24 in Central Jakarta for the fugitive, which is the reason why police officers have been unable to enter the premises so far.

National Police spokesman Brig. Gen. Saleh Saaf said on Monday that police had yet to receive an order from prosecutors to arrest Tommy, even as an arrest warrant had apparently been issued on Friday.

"We have not received the order or the warrant to arrest Tommy. We have to wait until Monday midnight," Saleh said.

Antasari had said that Monday was the deadline for the execution of the Supreme Court's verdict, which ordered Tommy to serve an 18-month prison sentence and requires him to repay some Rp 30.7 billion (US$3.3 million) in state losses, plus a Rp 10 million fine.

"After Monday, a police manhunt will be initiated to get him," Antasari said.

The defendant disappeared on Friday from his Menteng residence, one place that has not been searched by the police.

Unlike Tommy, his business associate Ricardo Gelael presented himself to the South Jakarta Prosecutor's Office on Friday evening and was brought to the Cipinang penitentiary in East Jakarta at 9:05 p.m.

President Abdurrahman Wahid refused last Thursday to pardon Tommy and Ricardo, both major shareholders of wholesaler PT Goro Batara Sakti, who were found guilty of causing Rp 76.7 billion in losses to the state.

The President issued a decree rejecting the appeal and ordered Tommy to serve the 18-month sentence handed down by the Supreme Court. (44/45/bby/ylt)