Vaudine England, Jakarta – A Supreme Court ruling in Jakarta has staved off the prospect of former president Suharto facing corruption charges in court again soon but leaves open the possibility of a trial if and when he regains his health.

"The Supreme Court has declared that an appeal by the prosecutors [to restart Suharto's trial] cannot be accepted," said Sayfuddin Kartasasmita, head of general crime matters at the Supreme Court.

The court's decision was mixed. It prohibited a further trial while Suharto remained ill, but allowed the Government closer scrutiny of his health through appointment of a new medical team, with the purpose of restarting proceedings if he ever recovers. It also lifted Suharto's house arrest.

Justice Artidjo Alkostar said the decision left prosecutors free to retry Suharto whenever his health improved. "After that they can bring him to court. This decision was based on humanitarian reason," he said.

Suharto's lawyers hailed the decision, saying their client would never stand trial for corruption. "In my opinion, Suharto will never recover sufficiently to stand trial," lawyer Mohamad Assegaf said.

The ruling is an example of the Government's continuing efforts to pursue corruption charges against its enemies from the former regime. It shows how such efforts will continue to fail in a legal system that is easily bought.

Each attempt at prosecution or imprisonment seems to fail. Police say they cannot find Suharto's son "Tommy" Hutomo Mandala Putra, who has been on the run from a corruption conviction since November.

Last September the South Jakarta District Court ruled that proceedings against the senior Suharto could not continue on the grounds of his ill health. That decision sparked protests and spurred prosecutors into appealing.

It is that appeal which was thrown out by the Supreme Court yesterday, ending fresh efforts to put Suharto back in the dock. The former president is reported to be seriously ill. Only last week, his confidantes had to deny another rumour that he had died.

The Government had wanted to proceed with a case in which Suharto would not need to appear. But the latest ruling is not entirely negative, according to Attorney-General Marzuki Darusman.

"No one can be really happy with the decision," he said. "But then again we are justified in our stance that the former president has to stand trial and have this case settled, and not just be acquitted as a matter of an administrative ruling.

"It's a balanced decision, allowing for a trial to proceed at some point, while taking into account the circumstances of his condition."

But lawyer Todung Mulya Lubis said: "The court's verdict does not support the nation's efforts to eradicate corruption and is against, and hurts, any sense of justice."

The English-language Jakarta Post said in an editorial that it feared for the success of broader government claims to be fighting corruption.

"President Abdurrahman Wahid's promise that he will pursue the cause of total reform without leniency to offenders could flounder if the public perceives that injustice and compromise with [Suharto-era] New ssues