Court frees defendant in PD Dharma Jaya case
JAKARTA (JP): The Central Jakarta District Court on Tuesday acquitted Fahril Azis, a defendant in a Rp 1.58 billion (US$197,500) corruption case at city-owned slaughterhouse PD Dharma Jaya, of all criminal charges.
The judges suggested that the case be brought to a civil court rather than a criminal court.
"The defendant is not guilty. He has provided collateral in the form of a 2,800-square-meter plot in Cipete Selatan, South Jakarta, to cover his debts at PD Dharma Jaya, although the land was not his," presiding judge Musa Simatupang said in the verdict.
"The defendant can be tried at a civil court, because he violated article 1320 of the Civil Code for breaking his promise to pay his debts on time."
He said Fahril, president of cattle distribution firm PT Primantara, made a deal in July 1997 with PD Dharma Jaya director, Susanto, to procure 800 cows belonging to the slaughterhouse company.
"The defendant bought 18 cows worth Rp 100 million from PD Dharma Jaya. But he did not have money to pay for the remaining 782 cows," Musa said.
"The defendant then made an agreement with PD Dharma Jaya in March last year that he would settle his debts several months after the date of the agreement.
"But he could not settle the debts until PD Dharma Jaya filed a lawsuit to the court," Musa added.
At a previous trial, prosecutor Suleman Hadjarati demanded the court sentence the defendant to four years in jail for allegedly causing the state to suffer a Rp 958 million loss, following his failure to repay the debts.
Suleman later said in court that the land, claimed by Fahril as his, belonged to someone else.
Suleman said he would lodge an appeal to the Supreme Court, claiming that the judges had misinterpreted the law.
"He should be sentenced to a certain jail term, because he has caused state losses," he said.
Fahril, who appeared stressed during the trial, could not hide his happiness with the judges' decision.
"The judges have been fair and honest," he said after the trial. (asa)