Sapuan sentenced to two years in jail

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)