Ex-governor of Bali exonerated of all charges

Ex-governor of Bali exonerated of all charges

I Wayan Juniartha, The Jakarta Post, Denpasar

Apparently disregarding the public's desire to see justice done,
the Denpasar District Court acquitted on Monday former Bali
governor Ida Bagus Oka of all power abuse and corruption charges,
which involved allegations of a misuse of Rp 2.3 billion.

"After reviewing the case thoroughly and carefully, we are of
the conclusion that the defendant is not guilty of either
corruption or the abuse of power charges," Padang Pujawan, who
presided over the trial, told the packed courtroom.

Oka was charged with embezzling money as he had allegedly
channeled it to his Bali Dwipa Foundation (YBD) dealing with
sports activities in Bali.

In his role as the then governor, he was one of the YBD
founders and he issued a letter authorizing the foundation to
collect donations from the public.

However, at least Rp 2.3 billion of the raised funds was not
properly accounted for. The foundation's executive director, N.
Sugiri later admitted that he had personally delivered the money
to Oka.

He also revealed that some Rp 200 million of the donations
were used to buy a brand new white Mercedes-Benz sedan for one of
the former governor's sons.

Sugiri was the prime suspect in the corruption case and was
sentenced to one year in prison.

Nevertheless the panel shocked anticorruption groups in the
courtroom when the judges ruled the case in favor of Oka, who
served for two consecutive terms as governor on the resort island
from 1988 to 1998.

"In the corruption case, we have reviewed the witnesses'
testimonies, and none of them have ever eyewitnessed Sugiri
handing over the money to Oka, or Oka receiving YBD funds,"
Pujawan said.

"For the abuse of power charge, Law No. 5 1974 on regional
administration does not specifically prohibit the governor from
issuing a decision to form an institution tasked with collecting
public donations nor were there any official complaints lodged by
community members against YBD's existence. So ... we believe that
Oka ... is innocent," he added.

He claimed the verdict was based solely on legal
considerations, and not because, as many have speculated, the
judges had been bribed, or too intimidated to convict the
powerful Oka.

"I am aware that many people would find this decision
unacceptable, but we can't send somebody to prison unless we have
sufficient evidence to do so. We are ready to face any possible
consequences," Padang said.

In a response to the verdict, chief prosecutor Urip Trigunawan
criticized the judges for failing to comprehensively analyze the
facts and eyewitness accounts presented during the trial, saying
he could appeal.

"We probably will submit an appeal to the Supreme Court. But
we will study the decision," he said.

The prosecutors had sought a one-year jail term for Oka.

Separately, chairman of Bali Corruption Watch (BCW) Putu
Wiratha slammed the court's verdict, saying it would further
erode the public's trust in the country's judicial system.

The verdict was, meanwhile, received warmly by dozens of Oka's
supporters who packed the courtroom and the surrounding
buildings. They clapped their hands and screamed lustily in
celebration of the "victory". Two of Oka's daughters, Dewi and
Bintang, appeared to be very happy with the decision.

O.C. Kaligis, one of the top lawyers in the country who
defended Oka, approached his client with a wide grin and kissed
him to express his joy.

Oka himself, meanwhile, managed to maintain a calm demeanor
throughout the trial and its verdict. Flanked by his supporters
and relatives, he was immediately rushed into a waiting van
shortly after the court exonerated him.

During his decade in office, Oka, known for his close
relationship with then president Soeharto's family and cronies,
was dubbed "Mr OK" by local human rights activists and
environmentalists for consistently okaying controversial projects
proposed by the central government.

The projects included the Bali Nirwana Resort (BNR) owned by
the Bakrie family, the Bali Pecatu Graha (BPG) Resort owned by
Soeharto's youngest son Tommy Soeharto, Garuda Wisnu Kencana
(GWK) and the environmentally destructive Serangan Island
megaproject.

His acquittal ended months of highly-charged court drama,
which saw huge crowds of mostly local anticorruption activists
and pro-Oka supporters at each other's throats, a famed defense
lawyer fainting in the middle of a session and the ailing
defendant who was too enfeebled to walk, requiring a wheelchair
to attend the trial with his personal nurse in tow.