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.