Thu, 26 Jul 2001

Court case against three former justices begins

JAKARTA (JP): The West Jakarta District Court began proceedings on Wednesday against former Supreme Court justice M. Yahya Harahap, who is charged with receiving Rp 96 million in bribes while presiding over a land dispute in 1998.

The prosecution's star witness, Endin Wahyudin, has alleged that he personally delivered the money to Yahya and two other justices hearing the case.

Prosecutor Syafrudin told the court on Wednesday that sometime between October and November 1998, Yahya met with Endin and Mesri Pasaribu four times at his residence in Slipi, West Jakarta.

"At their first meeting, Endin and Mesri offered Yahya a bribe of Rp 96 million. The defendant, however, refused the money, saying that he had yet to examine the case," Syafrudin told the court, presided over by judge Pinto Alboi Sianipar.

The prosecutor said Yahya accepted the money during their fourth meeting. And he also asked Endin and Mesri to contact the other two justices hearing the case -- Supraptini Sutarto and Marnis Kahar.

"About a week later, both Endin and Mesri came to the Supreme Court and met with Supraptini and Marnis. They offered some Rp 50 million to the two justices, who, at the time, refused it, saying they had not talked to Yahya about the matter," Syafrudin told the court.

However, the two justices later accepted the money, the prosecutor charged.

Endin, who is in a witness protection program run by the Attorney General's Office and the Joint Anticorruption Team, has claimed that Supraptini and Kahar accepted Rp 50 million each at their offices, while Yahya received Rp 96 million at his residence in November 1998.

Endin claimed the bribes were to sway the justices to rule against defendant Soenanta Soemali, alias Lie Sun Nam, in a dispute over a 17,000-square-meter plot of land in Bandung. The plaintiff in the case was one Aminah.

The Supreme Court issued a verdict in favor of Soenanta in December 1998.

Syafrudin said Endin attempted to contact the justices after they issued their ruling, but he received no response.

"The defendant (Yahya), however, told Endin by telephone that he no longer had anything to do with the case as he was already retired, while Supraptini and Marnis didn't want to meet with Endin," Syafrudin said.

The three justices have filed a lawsuit against Endin with the Central Jakarta District Court for slander and defamation.

Syafrudin charged Yahya with violating Article 28 of Anticorruption Law No. 3/1971 and Article 420 of the Criminal Code and Law No. 31/1999.

If found guilty of the charges, Yahya could be sentenced to between 20 years and life in prison.

Judge Sianipar adjourned the trial until Aug. 8, at which time the court will hear the response of Yahya's lawyer, John H. Waliry. (tso)