Prosecutor Kito goes on trial for fraud

Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta

Prosecutor Kito Irkhamni, who made headlines by revealing alleged undeclared assets belonging to Attorney General M.A. Rachman late last year, went on trial on Monday on charges of fraud and embezzlement arising from a house-building project.

Kito, who is currently prohibited from leaving Jakarta by prosecutors, entered into an agreement in his capacity as a contractor and civil engineer with Aty Mulyati and Suleman for a construction project that was to have cost the two a total of Rp 480 million (US$53,932).

"Although the defendant received the first payment of Rp 390 million, he failed to complete the house at Jl. Maribaya G1 No. 2, Graha Cinere housing complex, Depok, within the agreed five- month deadline in June 2000.

"Moreover, the materials used were not of the same quality as Kito had promised," state prosecutor Zainuddin told the South Jakarta District Court, which was presided over by Judge I Dewa Gde Putra Jadnya.

According to the police investigation, Kito later asked for an additional Rp 120 million to complete the project, but Aty and Suleman gave him only Rp 90 million. In September 2001, a check by both Aty and Kito found that no progress had been made.

Aty and Suleman later that year took charge of the project after they had spent another Rp 162 million on materials, railings, a fitted kitchen, telephone and electricity installation, and workers' wages.

The prosecutors charged Kito with violating Article 378 of the Criminal Code on fraud and Article 372 on embezzlement. Both articles carry a maximum sentence of four-years imprisonment.

The case surfaced when Aty made a complaint to the police soon after Kito reported M.A. Rachman to the National Commission for Human Rights (Komnas HAM) following Kito's suspension as a staff member in the office of deputy attorney general for general crimes -- reportedly because he refused to accept a plan to transfer him to South Sumatra.

Kito told the Public Servants' Wealth Audit Commission (KPKPN) that he had helped Rachman to buy a plot of land in the Graha Cinere Permai housing complex, and built a house on it for Rachman. The property was not declared in Rachman's asset declaration to the commission.

Rachman argued that the house in question belonged to his daughter and had since been sold to a businessman.

Kito claimed that Rachman still owed him money and that was why he could not complete the house-building project agreed on with Aty.