Bob Hasan's trial takes new turn

JAKARTA (JP): The multimillion dollar graft trial of timber baron Mohamad "Bob" Hasan took an unexpected turn on Monday as a witness, at the risk of becoming a suspect, refused to take responsibility for the disbursement of US$87 million in reforestation funds.

"It was not my sole responsibility (which led to the disbursement of the funds). It was a decision by the entire project evaluation team of the ministry," former director-general of forestry planning at the forestry ministry, Sumahadi, told the Central Jakarta District Court, presided over by Judge Subardi.

Sumahadi was referring to a July 1996 mapping project awarded by the ministry to the defendant's company, PT Mapindo Parama (MP).

The one-year project, worth $87 million, involved the taking of aerial photographs of 30.6 million hectares of protected forests nationwide.

The problem revolves around old aerial photographs, dating back to 1992, of two million hectares of the total 30.6 million.

"You knew that if you accepted those old photos, the ministry had to pay for them. You were chief of the photograph evaluation team and you recommended those photos to the ministry's (then) secretary-general, Oetomo. And Oetomo disbursed the funds. Why did you recommend the photographs?" Subardi asked.

Sumahadi said that even if it were old photographs received by the ministry from PT MP for the 1996 project, the payment of $87 million was justified.

"Technically, the old aerial photographs were good and could still be used," Sumahadi told the hearing.

Hearing this, Judge Subardi shouted: "Going by the money you paid, it is not justified!"

The judge's response was cheered by the audience, who patiently listened to Sumahadi for two hours defending Hasan's PT MP.

Prosecutors have charged defendant Hasan with defrauding the state of $75.62 million and the Indonesian Forest Concessionaires Association (APHI) of another $168 million, through a fraudulent aerial mapping project.

Sumahadi admitted on Monday that after receiving the old photographs, he issued a decree in September 1996 which gave him full authority to use the photographs as he pleased.

He also admitted that he had written to the National Coordinating Agency for Survey and Mapping recommending PT MP for the 1996 project.

"Yes, I wrote to the agency to ask if PT MP was qualified for the project, and if it did, to recommend PT MP to the ministry of forestry," Sumahadi said at the hearing.

In the first minutes of his testimony, Sumahadi told the hearing that he had accepted the old photographs based on a ministerial decree stating that photographs of forest concessions were valid for use for four years, and those of protected forests were valid for an even longer period.

When Subardi asked him which year the decree was issued, Sumahadi said "about 1994 or 1995".

Subardi asked him why the ministry had not anticipated being given old photographs.

"You know about this ministerial decree ... didn't it ever occur to ministry officials that if you are given old photos, PT MP's workload would be lighter since it would take fewer photographs. Less work, means less pay ... don't you think?" Subardi asked.

Sumahadi answered: "Old photographs are not necessarily cheaper than new ones."

Subardi asked the witness if he had ever written to PT MP advising it to present the Directorate General of Forestry Planning with old photographs. Sumahadi answered in the negative.

Again Subardi said: "First, there was no open tender for this project. You say the (former) minister of forestry (Djamaluddin) wanted PT MP to get the project. You pay PT MP so much ... so why did you accept the old photos?"

"Those photographs were still good, Your Honor," Sumahadi answered.

Hearing this, Subardi asked: "You then issued a decree in September 1996 legalizing the usage of photos before 1996 ... what are you ... a shareholder of PT MP?"

Sumahadi said replied that he was not.

"You say that new photos could not be taken in 1996 and 1997 since a major portion of Kalimantan had forest fires and the smoke would get in the way ... but MP used 'airborne radar' which could have easily overcome that," Subardi said.

"Had MP given back a portion of the $87 million for giving the ministry old photos, there would be no problem. But you accepted those old photos, and paid in full." (ylt)