Thu, 03 Feb 2005

Prosecution upbeat on Puteh case

The Jakarta Post, Jakarta

In an apparent show of confidence, prosecutors said on Tuesday they would not present more witnesses to testify in the graft trial of suspended Aceh governor Abdullah Puteh.

"We feel that the witnesses have given enough evidence against the defendant. Therefore, we do not need to summon other witnesses to testify," chief prosecutor Khaidir Ramli said after Wednesday's hearing.

Of the 39 witnesses listed by the prosecutors for the Puteh trial, only 25 have testified before the Anticorruption Court in Jakarta, which is trying the case.

Wisnu Broto, another prosecutor, told The Jakarta Post that the witness testimony given so far had clearly proved the corruption charges against Puteh.

"They have revealed the flow of money and the use of the defendant's personal account," he said.

However, Puteh's lawyer, Muhammad Assegaff, denied the prosecutors' claims, saying that none of the witnesses had testified to the effect that Puteh was guilty of corruption.

"From the first to the last of the witnesses, there has been nothing that has incriminated our client. Yes, there may have been violations of the administrative procedures, but there have been no indications that corruption has taken place.

"Moreover, the Aceh legislative council accepted Puteh's accountability report. So, where is the crime?" argued Assegaff.

Puteh is charged under the Anticorruption Law with unlawfully amassing wealth and could face a maximum sentence of life imprisonment and/or Rp 1 billion (US$111,000) fine if convicted.

He allegedly marked up the price during the procurement of a Russian-made helicopter for the Aceh administration in 2001, thereby defrauding the state of some Rp 10 billion.

The panel of judges adjourned Wednesday's hearing until Thursday after taking sworn evidence from two witnesses in absentia -- Tengku Johan, a consultant from the Air Force, and Munawar, director of the procurement subdivision in the Aceh administration.

During the hearing, the prosecutors told the court that they would only summon three experts to testify during the next session on Thursday. They are Sutrisno Hartono from state-owned aircraft manufacturer PT Dirgantara Indonesia, Adriansyah from the Ministry of Finance, and Handoyo Sudrajat from the Development Finance Comptroller (BPKP).

Article 179 of the Criminal Law Procedures Code provides for the hearing of expert testimony.

However, Puteh's lawyers rejected the prosecutors' plan to present the experts, saying the court should instead hear all of the 39 witnesses listed earlier by the prosecution.

"Your honor, we request that all the witnesses be summoned as the judges previously agreed," said Felix Tampubolon, one of Puteh's lawyers.

Presiding judge Kresna Menon rebuffed the request, arguing that the decision whether or not to summon a witness was entirely up to the prosecution.