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There was.

Who did it involve?

One incident involved suspicious dealings with a local teacher. The other involved a TBI student; Helmy V was really caught in the act there. The third case involved the student assistants. He was generally sleazy and sexual in his manner of speaking to them and it wasn’t appreciated. I don’t think the sexual harassment graduated beyond comments with the TBI office staff. Unlike TBI Semarang, where multiple claims of sexual misconduct were formally lodged, there were never any formal complaints.

What happened with the local teacher?

Helmy V. had hired two Indonesian teachers to teach the local component of the 50-50 Native-Local classes. One of them was a middle-aged man and the other was a young woman, whose name I won’t mention. Let’s call her Ms. ABC. Ms. ABC was an attractive young woman.

After just a few days Helmy V. fired the Indonesian man without even announcing it to me. This guy just vanished and the teachers were asking me where he had gone. I didn’t know! So I asked Helmy and he said that the teacher wasn’t any good; there had been student complaints. So he had given all of that man’s hours to Ms. ABC and she was now working around 12 hours a week, or somewhere thereabouts.

Who did it involve?

One incident involved suspicious dealings with a local teacher. The other involved a TBI student; Helmy V was really caught in the act there. The third case involved the student assistants. He was generally sleazy and sexual in his manner of speaking to them and it wasn’t appreciated. I don’t think the sexual harassment graduated beyond comments with the TBI office staff. Unlike TBI Semarang, where multiple claims of sexual misconduct were formally lodged, there were never any formal complaints.

What happened with the local teacher?

Helmy V. had hired two Indonesian teachers to teach the local component of the 50-50 Native-Local classes. One of them was a middle-aged man and the other was a young woman, whose name I won’t mention. Let’s call her Ms. ABC. Ms. ABC was an attractive young woman.

After just a few days Helmy V. fired the Indonesian man without even announcing it to me. This guy just vanished and the teachers were asking me where he had gone. I didn’t know! So I asked Helmy and he said that the teacher wasn’t any good; there had been student complaints. So he had given all of that man’s hours to Ms. ABC and she was now working around 12 hours a week, or somewhere thereabouts.

Just a couple of days later I came into the staffroom and Helmy V. was in there with Ms. ABC. He was sitting on her desk while she was standing and they were really close, like almost touching. I mean I know there are different rules for ‘body space’ in different cultures but I lived in Indonesia for many years: he was as close as you can get without being intimate; he was really in her body space. I was surprised by what I was seeing. There was highly sexualised appearance to the whole thing. Alarm bells started ringing.

Did you presume that some kind of improper or inappropriate relationship existed between them?

Habeas Corpus. 2. Crimes de Estelionato. 3. Alegações de: a) ausência de indícios de autoria e materialidade; b) falta de fundamentação da preventiva; c) violação ao princípio do juiz natural; e d) excesso de prazo da prisão preventiva. 4. Prejudicialidade parcial do pedido, o qual prossegue apenas com relação à alegada violação ao princípio do juiz natural. 5. Em princípio, a jurisprudência desta Corte entendia que, para os casos de incompetência absoluta, somente os atos decisórios seriam anulados. Sendo possível, portanto, a ratificação de atos não-decisórios. Precedentes citados: HC nº 71.278/PR, Rel. Min. Néri da Silveira, 2ª Turma, julgado em 31.10.1994, DJ de 27.09.1996 e RHC nº 72.962/GO, Rel. Min. Maurício Corrêa, 2ª Turma, julgado em 12.09.1995, DJ de 20.10.1995. 6. Posteriormente, a partir do julgamento do HC nº 83.006-SP, Pleno, por maioria, Rel. Min. Ellen Gracie, DJ 29.08.2003, a jurisprudência do Tribunal evoluiu para admitir a possibilidade de ratificação pelo juízo competente inclusive quanto aos atos decisórios. 7. Declinada a competência pelo Juízo Estadual, o juízo de origem federal ao ratificar o seqüestro de bens (medida determinada pela justiça comum), fez referência expressa a uma série de indícios plausíveis acerca da origem ilícita dos bens como a incompatibilidade do patrimônio do paciente em relação aos rendimentos declarados. 8. No decreto cautelar, ainda, a manifestação da Juíza da Vara Federal Criminal é expressa no sentido de que, da análise dos autos, há elementos de materialidade do crime e indícios de autoria. 9. Ordem indeferida.

Decisão

A Turma, por votação unânime, indeferiu o pedido de habeas corpus, nos termos do voto do Relator. 2ª Turma, 18.12.2006.

Data do Julgamento : 18/12/2006

Data da Publicação : DJ 30-03-2007 RTJ VOL-00201-02 PP-00682

Órgão Julgador : Segunda Turma

Relator(a) : Min. GILMAR MENDES