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'Tempo' versus Asian Agri awaits verdict

The public must keep guessing on how the Tempo magazine versus agribusiness giant Asian Agri legal battle will end, as the Central Jakarta District Court delayed announcing the verdict, Monday

Dian Kuswandini (The Jakarta Post)
Jakarta
Tue, August 26, 2008

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'Tempo' versus Asian Agri awaits verdict

The public must keep guessing on how the Tempo magazine versus agribusiness giant Asian Agri legal battle will end, as the Central Jakarta District Court delayed announcing the verdict, Monday.

The court adjourned reading its decision to the next hearing on Sept. 4, due to rotation of the panel of judges, conflicting schedules with other hearings and procedural problems with one of the judges, the court's clerk Djoko Santoso said.

Djoko said one of three judges handling the case, Heru Pramono, had moved to the West Java town of Sumedang following his appointment, as the new district chief there. Heru will assume the new job this week.

"Until this morning (before the announcement of the delay), the court could not find a substitute judge. According to our procedure, the court hearing can't proceed with only two judges," Djoko said.

Besides, he said, normally a new judge would need some time to study the case before making any decision.

Another member of the panel of judges, Maryana, is recovering from an operation following an accident last month, Djoko said.

Meanwhile, presiding judge Panusunan Harahap is also hearing the case of Islamic Defender Front (FPI) leader Habib Rizieq, whose hearing on Monday preceded that of the Tempo versus Asian Agri case.

Rizieq's hearing started late on Monday and took extra time on witnesses' testimonies, which was unexpected by the court, according to Djoko.

Djoko was unclear if the judges had agreed on a verdict in the Tempo versus Asian Agri case or not. "The judges will discuss further on the verdict soon," Djoko said.

Asian Agri filed a defamation suit against Tempo for publishing an investigative report on Jan. 15-21, 2007 about alleged tax evasion involving the company. The firm is demanding Tempo pay Rp 5.5 billion (US$580,000) in damages, calling the report a trial by the press.

Witness Hendri Rumbun, investigation section head at the Finance Ministry's taxation directorate general, testified earlier this month that there had been enough preliminary evidence of alleged tax embezzlement by Asian Agri last year for his office to turn the case over to prosecutors.

The company successfully filed a lawsuit last year at the South Jakarta District Court against the directorate general for taxation, claiming the latter had illegally confiscated documents belonging to the firm during its probe into the company's alleged tax fraud.

Asian Agri is a subsidiary of Raja Garuda Mas Group, which is owned by one of the richest conglomerates in the country, Sukanto Tanoto.

Following the delay, the conflicting parties, Tempo and Asian Agri, expressed hopes the court would uphold fairness. Both were unworried by the delay and optimistic about winning the case.

"I hope the delay is for good purposes," said Tempo's chief editor Toriq Hadad.

Tempo's lawyer Soleh Ali said he was informed that the verdict had been made. "We hope the court will uphold justice and we're optimistic about winning the case," Soleh said.

Asian Agri's lawyer Sugeng Teguh said his client respected the court's decision to delay handing down the verdict.

"That's in the court's authority. We also don't know whether the verdict has been made or not, but whatever it is, we'll respect it," Sugeng said.

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