Surabaya judge loses his gavel

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)