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.