 Print Article
|
Presiding judge Andriani Nurdin said there was no legal basis to allow the four parties to testify as they were not directly related to the case.
She said: 'They can seek separate legal recourse to channel their complaints or arguments instead of intervening in the present appeal case.'
Temasek is attempting to overturn a ruling by Indonesia's anti-monopoly watchdog KPPU that its stakes in Indosat and Telkomsel, the country's two biggest mobile phone telcos, violated anti-trust laws.
Only one of the four parties which wanted to take part in the hearing, state-owned PT Telekomunikasi Indonesia (PT Telkom), planned to testify in Temasek's favour.
Despite rejecting its bid to testify, the court placed on record its assertion that - contrary to the KPPU's ruling - it and not Temasek is the majority shareholder in Telkomsel.
PT Telkom lawyer Stefanus Hariyanto told The Straits Times: 'Even if our request to testify was rejected, we had the opportunity to express to the panel of judges on record that Telkom is the majority shareholder in PT Telkomsel legally and factually.
'So, there should be no other interpretations over who controls Telkomsel.'
A lawyer for Temasek subsidiary ST Telemedia, one of nine co-defendants in the case, said that although PT Telkom's request to testify was denied, its statement during the hearing yesterday could strengthen Temasek's case.
Mr Ignatius Andy told The Straits Times: 'This is a significant declaration that supports our argument.
'It might not be able to testify in court, but its statement was noted and put on record.
'KPPU always says Temasek is the majority shareholder, but when you look at the chart and structure, and based on Telkom's statement - we are not the majority,' he said, adding that the KPPU 'has no case at all'.
The other three parties which wanted to testify claimed to represent Indosat shareholders and subscribers.
Temasek's lawyers had earlier argued against them being allowed to testify.
The appeal hearing follows a Nov 19 KPPU ruling that Temasek, eight affiliated companies and Telkomsel were guilty of cross ownership, price-fixing and abusing market dominance.
Temasek was also ordered to give up its stake in one of the two cellular operators within two years, while each of the defendants was slapped with a 25 billion rupiah (S$4 million) fine.
The 10 companies jointly lodged the appeal and will present a list of evidence and witnesses to the three-member panel of judges when the hearing resumes tomorrow.
Temasek has a 35 per cent stake in Telkomsel through its mobile subsidiary SingTel.
It also has a 40 per cent stake in Indosat through Asia Mobile Holdings.
