•    HOME   
•    NEWS   
•    BUSINESS   
•    INTERNATIONAL   
•    TECH   
•    SPORTS   
•    LIFE & TIMES   
•    OPINION   
•    MY JAKARTA   
•    BLOGS   

Having concluded investigations into fugitive graft suspects Hesham al Warraq and Rafat Ali Rizvi, prosecutors stated on Thursday they were preparing the indictment for a trial in absentia against the foreign nationals, who allegedly looted PT Bank Century shortly after it was rescued.

“Their case will be handed to the Central Jakarta Prosecutor’s Office because we have concluded the investigation,” said Marwan Effendy, deputy attorney general for special crimes. “Hesham and Rafat have inflicted state losses of Rp 3.115 trillion [$336 million].”

The foreigners are former co-owners of the bank, which received Rp 6.7 trillion in government bailout money. The third owner, Robert Tantular, has been convicted of bank fraud and is serving five years in jail.

“As for Robert, he has caused a loss of Rp 2.275 trillion but he cannot be charged again under the Anti-Corruption Law,” he said, citing the legal principle of double jeopardy that prevents a person from being tried twice for the same crime.

“The trial of Hesham and Rafat will be held in absentia. Both are facing multiple charges because the police have also launched a separate investigation,” Marwan said.

The official said earlier that police were preparing money laundering and banking fraud charges against the two.

To ensure an efficient trial, the Attorney General’s Office was awaiting results from the police investigation, he said.

Robert confirmed on Thursday he would appeal a recent High Court ruling that upheld his fraud conviction and increased his sentence from four years to five.

“We plan to lodge the appeal next week against the unfair ruling,” said Bambang Hartono, a lawyer for Robert .

“The High Court referred to the same legal considerations as the district court, but came out with a heavier punishment,” he said in a phone interview.

The High Court ruled on Jan. 11 that Robert had played a key role in the mishandling of the ailing bank that inflicted financial losses on the state.

Under Robert’s leadership, the bank issued fake letters of credit totaling $138 million and disbursed high-risk loans of Rp 362 billion, while he also embezzled $18 million from the bank, court spokesman Andi Samsan Nganro said.

“The panel of judges concluded that he deserved a longer jail term,” Andi said recently.

However, the court considered the weak control functions of the state supervisory agencies a mitigating factor in the mishandling of the bank, he said.

The verdict was made by a three-member panel of judges comprising Muchtar Ritonga, Putu Supadmi and Haryanto.

In several appearances at the AGO as a witness in the case, Robert has maintained that Hesham and Rafat were the real culprits as both had negotiated face-to-face with central bank officials to rescue the ailing Bank Century, but later embezzled the fund and fled justice.

“In my case, I met the police summons to show my goodwill but was arrested and here I am, serving a jail term while the two foreigners have walked away with everything,” he said.