Sapuan sentenced to two years in jail
JAKARTA (JP): The South Jakarta District Court handed down a guilty verdict to the former deputy chairman of the State Logistics Agency (Bulog) Sapuan on Tuesday, sentencing him to two years in jail for his part in a Rp 35 billion (US$3.5 million) scandal that allegedly involved President Abdurrahman "Gus Dur" Wahid.
The judges said that the defendant was found guilty of abusing his power in embezzling the funds belonging to Yanatera, the employees' foundation of Bulog.
The sentence was harsher than the 18-month jail term demanded by the prosecutors.
According to the verdict, Sapuan, 67, had issued several notes for the Yanatera executive chairman Mulyono and treasurer Yacob Ishak to give the money to Alip Agung Suwondo, President Wahid's masseur, on two occasions. The first Rp 10 billion was disbursed on Jan. 13, 2000, and Rp 25 billion on Jan. 25.
Sapuan approved the withdrawal of the money because Suwondo told him that the President had ordered him to borrow it for humanitarian aid in Aceh.
Suwondo is now facing trial in a similar case at the North Jakarta District Court.
The House of Representatives last month issued a memorandum to censure President Abdurrahman for his alleged involvement in the scandal and another financial scam, Bruneigate. The President insists that he is innocent.
Mulyono had testified in Sapuan's trial that he had objected to the withdrawal of the Rp 25 billion because Suwondo had not returned the first Rp 10 million, but the defendant insisted on the disbursement of the funds which he believed to be personally requested by President Abdurrahman for the purpose of humanitarian aid for Aceh.
The panel of judges, consisting of presiding judge Lalu Mariyun and Rusman Dani Ahmad and A. Munawir, blamed Sapuan for never seeking confirmation from the President regarding Suwondo's request.
The prosecutors failed to summon the President to hear his clarification of the matter.
In handing down the verdict, the court considered three aggravating factors: that the defendant kept on denying the crimes despite the evidence to prove his guilt, that the case had raised national problems and controversy and that some of the money had yet to be returned to the state.
Among the mitigating factors in the decision were that Sapuan had lost his job at the agency, that he had not personally benefited financially from the crimes and that he had served for a long time at Bulog.
In a later development, after the facts of the case were revealed, several people, including Suwondo's wife and businesswoman Siti Farika, a friend of Gus Dur, returned the money.
Sapuan, who had been detained for five months since May last year but is now under city arrest, said he would appeal to the higher court.
Sapuan's lawyer Mohamad Assegaf said it was not fair that the judges blamed his client for the recent national problems, the unrest and demonstrations related to the Buloggate affair.
"It's a pity the President had missed the opportunity to clarify his role to the court. That's how all this controversy started," he added.
Meanwhile, legal expert Frans Hendra Winarta told The Jakarta Post said that the verdict on Sapuan may stop the current investigation on Buloggate, since the judges did not mention that the case inflicted losses to the state.
"It's only an embezzlement case and not corruption as people had thought all this time."
"However, prosecutors and the police should not stop the investigation of the case.
"Anybody mentioned in the case should be summoned to give further clarification and they should not object since there is nobody above the law." (bby)