Jakarta – The six children of late Indonesian president Suharto failed to appear in court Tuesday after being summonsed to defend a civil corruption case against the former leader.

The government was pursuing the case against Suharto, seeking 1.4 billion dollars in returned assets and damages that he allegedly embezzled from a charity he chaired, when he died last month. Under Indonesian law, if a defendant dies in such a case, their heirs must then answer it.

"Today (Tuesday) the heirs did not come and have not yet appointed their representatives in court. Therefore the panel of judges will summons the heirs once again," judge Wahjono told the court.

The court opened with lawyer Juan Felix Tampubolon, who had been representing Suharto, submitting a demand from the heirs for the court to hear an expert witness talk about the positions of heirs in civil suits. But since Tampubolon could not show a letter of power of attorney from the heirs, the demand was rejected.

"If after the second summons, the heirs still do not appear in court, then the panel of judges will continue the trial to an end and the (heirs) would be deemed to have forsaken their rights to defend themselves," Wahjono said.

The case, which had originally been seen as part of a renewed effort by the government to bring former dictator Suharto to justice, alleges Suharto oversaw the misallocation of money intended for student scholarships.

Suharto died without ever facing criminal prosecution over allegations he oversaw massive corruption during his more than three-decade rule that benefited his family and cronies.

A criminal trial against him was abandoned on health grounds.