The South Jakarta District Court turned down a pretrial motion by graft suspect, high-ranking policeman Susno Duadji who challenged his arrest on the grounds that police had enough preliminary evidence to detain the suspect.
“The South Jakarta District Court considers that (incoming) report to police and testimony by a witness can serve as preliminary evidence based on which police can arrest a suspect,” said sole judge Haswandi. “Police have secured more than enough evidence required by the law to make the arrest.”
According to the Criminal Procedures Code, a suspect can be detained if he is charged with a crime punishable by five years in jail, said the judge.
“The plaintiff is charged under articles of 5, 7, 11, 12 of the anti-corruption law that carry a maximum sentence of life imprisonment, accordingly the arrest has the legal standing,” said the judge.
“The court rejects in full the pretrial motion lodged by the plaintiff,” he said.
Police claimed that they had secured enough evidence to arrest Susno in the form of bank receipts and parking tickets, in addition to testimonies by witnesses, but lawyers reacted with outrage after they became aware that the bank account belonged to Haposan Hutagalung, another lawyer being detained for a tax evasion scandal reported by Susno.
Moreover, there was no record of a Rp500 million ($54,000) money transfer to Susno from the account as had earlier been alleged by the police.
“The bank account has nothing to do with the alleged Rp500 million bribe to Susno so it cannot serve as evidence,” said lawyer Henry Yosodiningrat.
