Tue, 25 Oct 2005

Said's graft trial must continue: Court

The Jakarta Post, Jakarta

The Central Jakarta District Court rejected on Monday the defense pleas by lawyers of former religious minister Said Aqil Hussein Al-Munawwar and ruled that his corruption trial must go ahead.

The panel of judges presided over by Cicut Sutiarso said the arguments presented by Said's lawyers were "groundless", so the investigation into the defendant had to continue with the hearing of testimony from witnesses.

Said's defense team chief M. Assegaf told the previous hearing that the court had no authority to try the case of his client.

Because prosecutors used Law No. 20/2001 on corruption eradication to charge the defendant, only the Corruption Eradication Commission (KPK) was authorized to deal with the case, Assegaf argued.

In response, the judges said the establishment of the KPK did not nullify or reduce the authority of prosecutors and police in investigating and prosecuting corruption cases as regulated under the same law.

They also said the Central Jakarta District Court had the right to try Said, arguing that the crime he is charged with by the prosecutors was within its jurisdiction.

The prosecutors had presented the indictment against the defendant "adequately, clearly and in detail" in line with formal and material requirements set out in the Criminal Code, the judges added.

Assegaf opposed the pre-trial decision and said he would appeal. However, the court will continue to hear from witnesses.

Said could face life in prison if convicted of charges of embezzling more than Rp 700 billion in haj funds collected by the Ministry of Religious Affairs.

At Monday's trial, Assegaf again submitted a request for the court to suspend the detention of the former minister, so the defendant would be able to celebrate Idul Fitri with his family.

In response, Cicut said the panel of judges would take it into consideration.

"As long as there is no notification from prosecutors on a decision by the judges on the detention suspension request, the status of the defendant will remain the same and he will stay at the (Salemba) prison," he said.