Prosecutor Nulis: I will not summon Gus Dur

Prosecutor Nulis: I will not summon Gus Dur

JAKARTA (JP): Prosecutor Nulis Sembiring dismissed on Tuesday
the possibility of President Abdurrahman Wahid testifying in the
State Logistics Agency graft trial.

"I refuse to summon witness K.H. Abdurrahman Wahid. I believe
he has much more important matters to attend to than testifying
in this case," Nulis said during the hearing at the South Jakarta
District Court presided over by judge Lalu Mariyun.

The panel of judges had given Nulis two weeks to deliver a
court summons to the President to testify in the case.

The sole defendant in the trial is former State Logistics
Agency (Bulog) deputy chief Sapuan, who has claimed that it was
at the behest of the President that he disbursed Rp 35 billion in
Bulog funds to the President's masseur, Suwondo.

"I have not summoned Abdurrahman Wahid ... I will not summon
him," Nulis said.

In response, defense lawyer Trimedya Panjaitan told the court
that everyone was aware that presidents were busy people.

"But we also know that Gus Dur has a high regard for the
supremacy of the law ... he said so himself several times. The
prosecutor should have at least delivered the summons," Trimedya
said, referring to the President by his nickname.

"If the witness failed to show up, he would have his reasons
which would be written out and delivered to the court."

Judge Lalu said the President's respect for the law was
reflected in the fact that he had agreed to be questioned by
Jakarta Police detectives as a witness in the case.

"I therefore request the prosecutor summon the witness," Lalu
said.

Nulis, however, would not back down, reiterating that he would
not summon Abdurrahman.

"I already said I will not summon him since there is already
enough evidence to convict Sapuan. I do not need the testimony of
the witness. Besides, remember that this witness did not go to
the Jakarta Police to be questioned.

"Police detectives went to his residence to question him. If
the panel of judges still insists on having me summon Gus Dur,
then the court must give me this decision in writing," Nulis
said.

Before adjourning the trial until next Tuesday, Lalu ordered
the prosecutor to summon the President.

After the hearing, Nulis said he would not comply with the
order. He also denied he was afraid to summon the President.

"It is done ... it is done. I will not summon the President. I
do not need to," Nulis said.

When asked if his refusal was a violation of a court order, he
said it was the right of the prosecutor to summon, or not to
summon, a witness to testify in court.

According to a police dossier, Abdurrahman told Jakarta Police
chief of detectives Sr. Supt. Harry Montolalu and former city
police chief of detectives Brig. Gen. Alex Bambang Riatmodjo that
during a Jan. 7 meeting, he and Sapuan discussed the possibility
of using some of Bulog's nonbudgetary funds.

"Yes, I met Sapuan, but I have no idea who really arranged
that meeting (at the presidential palace on Jan. 7 this year),"
Abdurrahman told the officers during questioning on June 23.

The President said Sapuan met with him to tell him that Bulog
had Rp 370 billion in nonbudgetary funds.

"He said Rp 370 billion. I asked him whether some could be
used for humanitarian aid in Aceh. He said yes, as long as I
issued a presidential decree," Abdurrahman said according to the
dossier.

"I asked him why. Sapuan told me that the decree would act as
a permit for the concerned minister (Bulog chief Yusuf Kalla). So
I told him there was no need then, since it would take too much
time," the President said during questioning.

Abdurrahman told the two officers he had "no idea whatsoever"
about the Rp 35 billion taken from Bulog's employee-owned
Yanatera foundation, and denied ever ordering Suwondo to obtain
the money from Sapuan.

"Suwondo is nothing. He was that man I used to give whatever
money I had on me," Abdurrahman said as quoted in the dossier.
(ylt)