Tommy's lawyers argue for case to be thrown out

JAKARTA (JP): Lawyers representing Hutomo "Tommy" Mandala Putra called on the South Jakarta District Court on Wednesday to drop all charges against their client because of limited evidence to support corruption charges.

The lawyers told a court trial presided by Judge R. Soenarto, that Tommy, the youngest son of former president Soeharto, was not responsible for the controversial land exchange deal between wholesale company PT Goro Batara Sakti (GBS) and the State Logistics Agency (Bulog).

"PT GBS has shifted all its shares to the Confederation of Primary Cooperative Associations (Inkud) from May 4 last year. All of the defendant's rights and obligations, therefore, have shifted to Inkud," H.M. Dault, head of Tommy's team of lawyers, said.

Tommy was the president commissioner of PT GBS. He controlled 80 percent of the company's shares before it was sold to Inkud last year.

He has been indicted under Article A of Corruption Law No. 3/1971, which carries a maximum penalty of life in prison and a Rp 30 million fine.

Dault said prosecutor Fachmi had indicted the wrong person as Tommy was not in control of PT GBS any longer.

Instead of bringing losses to the state, the cancellation of the land exchange deal last March led the state to earn profits, he said.

"Bulog has calculated that the state even earned Rp 508 billion in profits," Dault said in his 203-page defense statement.

He said the profits came from the nominal value of the Marunda and Kelapa Gading plots, which are now in Bulog's hands.

Prior to the deal, the 60-hectare plot in Marunda, North Jakarta, was owned by PT GBS. The plot was to be exchanged with Bulog's 50-hectare plot in Kelapa Gading, also in North Jakarta.

Dault said the prosecutor also failed to provide evidence to support allegations that Tommy owned the Marunda and Kelapa Gading plots. "He (the prosecutor) can not show us the land possession certificates for the two plots."

"If the prosecutor can not provide evidence to support the allegations, the charges against the defendant should therefore be dropped," Dault said, quoting Article 191 of the Criminal Code Procedure (KUHAP).

Judge Soenarto adjourned the trial until Sept. 22, when it will hear the prosecutor's counter defense statement. (asa)