Tommy still not imprisoned

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)