Bob Hasan's trial takes new turn

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)