Sat, 20 Mar 2004

Whistle-blower to drop testimony against AG

P.C. Naommy, The Jakarta Post, Jakarta

The investigation into alleged corruption involving Attorney General MA Rachman was dealt a large blow on Friday when a key witness said he would withdraw his testimony.

Prosecution witness Kito Irkhamni, who gave the Public Servant's Wealth Audit Commission (KPKPN) the initial tip that led to the investigation, submitted to the National Police on Friday a statement refusing to be a witness and withdrawing his earlier testimony that implicated the attorney general.

"I haven't got any witness protection from KPKPN, that's why I withdraw the evidence and refuse to testify in the case," Kito said.

The KPKPN had failed give him witness protection support during his trial in which he was convicted of fraud involving Rp 480 million (US$56,470), he said.

The South Jakarta District Court found Kito guilty of failing to fulfill a Rp 480 million construction job on a house owned by Ati Mulyati in Puri Cinere, South Jakarta, after spending more than a year on the project.

He was sentenced to one month and 23 days for the fraud, minus the detention period for the trial, which covered the same amount of time.

"I agreed to give testimony in the MA Rachman case because the KPKPN had promised to put me under its witness protection program. But the reality was a big zero!" said Kito.

Before his trial, Kito had testified before the KPKPN on Rachman's alleged hidden wealth in the form of a luxury house in Depok, West Java, estimated to be worth over Rp 5 billion.

"So, it isn't that I don't respect the KPKPN, but I will need more than just one day or a week of protection," said Kito in response to a statement from KPKPN that it had provided him protection and assistance in facing several threats during his trial.

Kito also complained about prolonged legal procedures for the case. He said the KPKPN should have urged the police to speed up the process so the case would not be "contaminated".

Kito said the lengthy investigation into Rachman's case had put him and his family in a difficult situation. "I cannot do my job and my business is stuck because of this matter," he said.

Kito said if the police had been serious about investigating the case, it would have been easy to spare a day to meet with President Megawati Soekarnoputri and ask her for permission to question the attorney general.

"The National Police chief is an assistant to the President and should have direct access to her and ask for a permit to question him. I'm sure it wouldn't take more than a day to do that," Kito said.

KPKPN head of the Rahman investigation Petrus Selestinus told The Jakarta Post it was odd for Kito to withdraw testimony he had already given.

"It is strange if he plans to take back what he said during the examination. It's okay for him to do it, but he should do it according to the rules," Petrus said.

People couldn't just hand in a letter to the police to withdraw testimony, he said. Kito should have gone to the KPKPN, informed them of which part of the testimony he wanted to withdraw and then compiled a new dossier.

Petrus said the KPKPN would not be deaf to allegations against Rachman. However: "If the police can't find enough evidence that can bring Rahman to court, then we will accept that," he said.

Petrus said clarity in the case was needed, since Rahman had the right to legal assistance.