Sat, 28 Apr 2001

Witness causes courtroom quarrel in Ginandjar case

JAKARTA (JP): An expert witness scolded lawyers of former minister of mines and energy Ginandjar Kartasasmita on Friday, accusing them of hampering the efforts to combat corruption.

J.E. Sahetapy, a lecturer in law at the Airlangga University in Surabaya, East Java, told the South Jakarta District Court that the Attorney General had the right to detain Ginandjar, a suspect in a high-profile graft case.

"Whoever doubts the authority of the Attorney General's Office in this case indicates that he wants to maintain the practice of corruption," Sahetapy, who claimed to have taught law for 42 years, said.

His statement angered Ginandjar's lawyers, comprising O.C. Kaligis, Mohamad Assegaf, Purwaning M Yanuar and their chief Muchyar Yara.

The parties soon became embroiled in a heated exchange. As a result, judge Sudharto had to repeatedly use his gavel, while demanding order in the courtroom.

During Friday's hearing, the Attorney General presented Sahetapy and Sri Sunaryati from Yogyakarta-based Gadjah Mada University, while Ginandjar's lawyers presented expert witness Col. (ret) Edi Purnomo, former chief of the Jakarta Military High Court.

The Attorney General's witnesses told the court that the state prosecutors had adequate authorization to carry out the investigation and detention of Ginandjar.

"The state prosecutors are authorized by the anticorruption law, a special law which is more powerful than general laws, including the military regulation which says that its members can only be questioned by a joint team (involving the military) or be punished by the military chief," Sahetapy said.

Purnomo insisted that Ginandjar could only be detained by his immediate superior, the Military Chief.

"The alleged act took place when Ginandjar was an active military officer," he argued.

The hearing's ruling was adjourned until Monday.

Although the legality of Ginandjar's arrest status is still in question, the state prosecutors formally extended the detention period, due to expire on Saturday, for another 40 days.

"The extension is aimed at expediting the investigation," Attorney General's Office spokesman Muljohardjo said.

The extension, which was signed by the Jakarta Prosecutor's Office director for special crimes Andi Syarifuddin, is effective from April 29 until June 7.

Ginandjar, a suspect in a US$24.8 million graft investigation, has refused to undergo questioning since his detention on April 6. He has argued that his arrest was not legal and that the prosecutors did not have the authority to detain him.

On Friday, he also refused to receive and sign the notification of his arrest extension read out by prosecutor Fachmi, one of the nine joint investigating team members.

Ginandjar's lawyer, Muchyar, said the extension of his client's detention period was another arbitrary measure of the state prosecutors, particularly while the military prosecutors and military police team members had still not been informed.

"The extension should be declared unlawful," he said in a statement made available to The Jakarta Post.

Ginandjar was accused of abusing his power as minister of mines and energy in relation to a technical assistance contract with state-owned oil and gas company PT Pertamina, which allegedly caused US$24.8 million in losses to the state. He was an Air Force vice marshall when the alleged scandal took place, retiring in 1996. (bby)