Mon, 25 Jul 2005

Prosecutors condemn high court

Multa Fidrus, The Jakarta Post, Tangerang

The release of former Banten provincial council speaker Dharmono K. Lawi and two deputy speakers, Mufrodi Muchsin and Muslim Djamaluddin, from prison by the Banten High Court has irked prosecutors, who are now considering an appeal.

The three were found guilty of having misused Rp 10.5 billion (US$1.1 million) earmarked to build a housing complex for provincial council members and another Rp 3.5 billion allotted for the welfare of Banten provincial councillors in 2004.

The Serang District Court had sentenced them on June 14 to four-and-a-half year's imprisonment and fined them Rp 200 million each.

On Thursday, the high court ordered their status changed of that of "city arrest" pending verdict its ruling in the case.

"The court's decision has really discouraged prosecutors in their efforts to win the fight against corruption," Banten chief prosecutor Kemas Yahya Rahman said on Saturday.

Local high court president Sudarman said that the court allowed the three defendants' petition to have their detention status changed to that of city arrest as they had already spent a long time in jail and had promised to abide by all the conditions imposed.

The three are required to report to the court every Monday and must be ready at any time to comply with a court summons for them to go on trial.

"The defendants have also returned some of the state funds that they misappropriated to the provincial administration," Sudarman said.

When council members for the 2004-2009 period were sworn in last October, it was discovered that the housing complex had not been built, and that the Rp 3.5 billion could not be accounted for.

Banten Governor Djoko Munandar, who disbursed Rp 14 billion from the administration budget to the council, is another suspect in the same case and is also facing trial in the district court.

Kemas said that prosecutors had received many letters from the public since Friday protesting against the release of the three defendants from detention.

"The senders also sent copies of their letters to National Police Headquarters and the Corruption Eradication Commission (KPK)," he said, adding that the prosecutors had asked the police and KPK to investigate the high court judges who issued the ruling.

Kemas said the prosecutor's office was currently handling 18 corruption cases, with nine cases still under investigation and four cases currently being heard by the courts.