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Tommy's birthday gift: 15-year jail request

| Source: JP

Tommy's birthday gift: 15-year jail request

Muninggar Sri Saraswati and Tertiani ZB Simanjuntak,
The Jakarta Post, Jakarta

Hutomo "Tommy" Mandala Putra, who turned 40 on Monday, received a
rather unwelcome birthday present from state prosecutors: a 15-
year sentence request for masterminding the premeditated murder
of Supreme Court Justice M. Syafiuddin Kartasasmita.

"We, the prosecutors, in the name of God .... beseech the
Court to find the defendant guilty and, accordingly, sentence the
defendant to 15 years in jail," Chief Prosecutor Hasan Madani
said in his address to the Central Jakarta District Court.

Tommy, who skipped the last session of his trial due to
gastroenteritis, seemed nervous during the four-hour hearing. But
he looked relieved upon hearing the sentence request. However, he
refused to comment after the trial.

According to the prosecution, Tommy was guilty not only of
murder, but also two charges of illegal possession of firearms
and ammunition, and attempting to evade justice.

The first three charges carry a maximum penalty of death.

"What the defendant has done was violent. Worse, the murder
victim was a Supreme Court justice, so it could lead to fear and
disquiet among law enforcers," Hasan said.

However, he cited several mitigating factors, including the
fact that Tommy had been well-behaved during the trial and that
he had a family to take care of.

Hasan, who normally always speaks to reporters after the
hearing, immediately left with the other prosecutors -- Andi
Walinga Amrullah and Firdaus Dewilmar -- through the back door
after the hearing ended.

Separately, Jakarta Prosecutor's Office chief Muljohardjo told
reporters that the 15-year sentence recommended by the
prosecution was "sufficient for the four charges."

He said that two other defendants in the Syafiuddin murder
case, R. Maulawarman alias Molla and Noval Hadad, had not said
that Tommy was involved. "But, the prosecutors believe that Tommy
was involved in the case," Muljohardjo said.

Previously, prosecutor Abdul Kamar Badrun had requested the
same court to sentence the defendants to 14 years in jail each.

But on May 9, the panel of judges comprising Amiruddin
Zakaria, Andi Samsan Nganro and I Ketut Gde, passed life
sentences on both Molla and Noval.

Tommy's case is also being handled by the same three judges,
along with two other judges.

Prosecutor Hasan told the court on Monday that the evidence
and testimony of the witnesses showed that Tommy had ordered Mola
to murder Syafiuddin and promised to pay him US$10,000.

Syafiuddin was shot dead on his way to work on July 26, 2001.

Syafiuddin is one of three Supreme Court justices who in
September 2000 sentenced Tommy to 18 months in jail for
corruption.

Tommy went on the run after then president Abdurrahman Wahid
rejected his appeal for a presidential pardon.

He was captured last November after a year-long manhunt.

Prosecutors believe that Mola and Noval killed Syafiuddin upon
Tommy's order as they had no other motive for committing the
murder.

Tommy is the first member of the Soeharto family to appear
before the courts, with his latest trial kicking off on March 20.

Tommy's lawyers will present their defense next Monday.

Judge Andi said that the court would hand down a verdict
before Tommy's detention period expired on Aug. 3.

If the court fails to bring in a verdict on time, the
defendant will have to be released.

There will be three more hearings before the judges hand down
their verdict. After Tommy's lawyers make their defense pleas,
the prosecution will give its response. The defense lawyers will
then have an opportunity to make their final submissions.

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