Surabaya judge loses his gavel

JAKARTA (JP): Justice Minister Oetojo Oesman has delayed the promotion of a judge in Surabaya who is under investigation for accepting bribes in acquitting three businessmen of tax evasion charges.

Judge Sarwono, the deputy of the Surabaya District Court, was originally slated to become chief of the Medan District Court, but his promotion has now been delayed pending the outcome of the investigation, the minister told reporters on Monday.

Oetojo said Sarwono will also be removed from his current post in Surabaya and be given a non-judicial assignment at the Supreme Court while the investigation continues.

The post in Medan has now been reassigned to someone else.

The minister confirmed that there were indications that the judge "has committed harmful deeds" in acquitting the defendants of the tax evasion charges.

The accusation surfaced last month after the second acquittal.

The public prosecutor alleged that the judge took bribes, and the Surabaya press continued the crusade by suggesting that Sarwono's new Rp 100 million (US$48,000) Toyota was paid for with the bribe money.

In the face of these allegations, Sarwono acquitted a third defendant later in the month, causing a further uproar among government officials in Jakarta who were concerned that the decisions were making a mockery of their campaign to punish tax evaders.

Sarwono has denied all accusations and stressed that his decisions were consistent with the law.

The three cases were similar in that the defendants had claimed and received rebates on value added taxes paid for exported goods.

The government prosecutors, who alleged that the exports were fictitious, complained that the court had based its ruling simply on documented evidence that the exports did take place.

The lawyers of one of the three defendants have since alleged that the public prosecutors also accepted bribes from their client and said that they had recorded a telephone conversation in which the negotiations took place.

The public prosecutors are also currently under investigation.

The three tax evasion cases caused losses amounting to $2.7 million to the state.

Oetojo, reacting to the bribery allegations, sent a team to investigate Sarwono and eight other judges named in the three tax evasion charges.

The investigation is being conducted jointly with the Supreme Court's Honorary Council.

He said the government is strongly holding to the principle of presumption of innocence in its handling of the case.

Asked about what sanctions will be imposed against the guilty parties, Oetojo said that the ministry will send them into early retirement. But if the accusations turn out to be unfounded, the ministry will not hesitate to reinstate their good names, he added. (imn/emb)