Wrong verdict

When is a thief not a thief? When he returns the loot after being caught. That seems to be the message Judge Soedarto of the South Jakarta District Court sent by clearing businessman Djoko Tjandra of all criminal charges in the high-profile Bank Bali scandal on Monday.

The very act of offering to return the Rp 546 billion (US$64.2 million) Djoko Tjandra's PT Era Giat Prima (EGP) secured from the government after his scheme became public in June last year is the clearest admission that neither he nor any of his accomplices were entitled to that money in the first place. That gesture should have been sufficient grounds for the court to hand down a guilty verdict to Djoko, the prime suspect in the scandal. All it needed was to establish that the means by which EGP secured the money, a cessie agreement signed with Bank Bali, was illegal.

EGP entered into that agreement early in 1999, supposedly to help secure the return of Rp 904 billion the government owed to Bank Bali. Without so much as even lifting a finger except with penning the deal, Djoko Tjandra collected a cool Rp 546 billion in commissions when that money was disbursed to Bank Bali. There was a political twist to this story which made it a high-profile case. Subsequent independent investigations established some of this money was later disbursed to various people closely connected to the Golkar Party.

Not only did the court fail to find Djoko Tjandra guilty, it also effectively ruled that the money, which has since been put in an escrow account pending a court ruling, belongs to Djoko. Judge Soedarto said the government stood a better chance of recuperating the money (control over Bank Bali has since fallen into the government hands) by pursuing a civil case.

The Bank Bali scandal became a politically charged affair because of allegations of a political conspiracy involving senior members of the Golkar Party, particularly those who were part of a small team campaigning for the reelection of then president B.J. Habibie. The very disclosure of the case, even before it went to court and despite repeated denials from people in the Habibie camp, was enough to undermine his political chances. His defeat in the presidential election in October was caused in no small measure by the Bank Bali scandal

Some politicians may feel the scandal has served its purpose -- to deprive Habibie of the presidency -- but this in no way should end the search for truth and justice in this country. The Bank Bali case, which also caused the International Monetary Fund to delay the disbursement of loans to Indonesia in December, must be thoroughly investigated to ascertain not only the financial wrongdoings, but also the allegations of abuses of power.

Judge Soedarto's verdict of not guilty may now stop that process in its tracks. Since Djoko Tjandra is the prime suspect, his acquittal will make it difficult for government prosecutors to build cases against the other suspects, which include a former Cabinet minister, a senior executive of Golkar Party and a former Bank Indonesia governor. Essentially, the government no longer has a strong case against them. Thanks to the judge, now we probably will never discover the truth behind the story.

The verdict must be sweet music not only to the other suspects, but also other corruptors, past, present and future. It has sent the message that white-collar crime pays; the worst that can happen is to be caught, and if that does happen just return the money or, as in the case of Djoko Tjandra, offer to return the money.

The court ruling has repercussions beyond the Bank Bali case itself. With the verdict going completely against public expectation, it has further undermined the credibility and reputation of the courts in upholding justice. We already are seeing disturbing signs of the increasing public mistrust of the courts in the growing number of instances of street justice being meted out by mobs against suspected criminals.

Judge Soedarto's verdict has created a large dent in the nationwide campaign against corruption, the very theme upon which the current government was elected. Without the cooperation of the courts, this anticorruption campaign will become a mere slogan and corruptors will continue to act with impunity.