Bagus BT Saragih, Jakarta – A judge at the Constitutional Court suggested Wednesday that the trial of Corruption Eradication Commission (KPK) chairmen, Bibit Samad Rianto and Chandra M. Hamzah, be held off until the court issued a verdict on Anggodo Widjojo's case.
Akil Mochtar, a Constitutional Court judge, said Anggodo's trial for attempted bribery could not be separated from the extortion case allegedly involving Bibit and Chandra.
"The police accused Bibit and Chandra of having extorted Anggodo, while the KPK said it was Anggodo who tried to bribe the KPK leaders. It's impossible for both cases go to trial and all defendants be proven guilty," Akil said.
Anggodo is currently standing trial at the Corruption Court for allegedly attempting to bribe Bibit and Chandra to obstruct an investigation into a corruption case involving his fugitive brother Anggoro Widjojo.
Bibit and Chandra will themselves testify as witnesses at Anggodo's next hearing, according to KPK spokesman Johan Budi.
Bibit and Chandra, meanwhile, may soon face trial at the South Jakarta District Court after the Jakarta High Court recently ruled in favor of Anggodo, who had filed a pretrial motion against a decision by the Attorney General's Office to stop the prosecution into alleged extortion and abuse of power involving the KPK chairmen.
To avoid legal dispute surrounding the case, Akil said, one case must reach a verdict first before the other can be tried. "In this case, Anggodo's case should finish first because he's already facing trial," he said.
If the judges ruled Anggodo guilty, Akil went on, the verdict would affect the extortion case of Bibit and Chandra.
"If the judges at the Corruption Court convict Anggodo for attempted bribery, the logic will automatically say that Bibit and Chandra never extorted Anggodo.
"Anggodo's verdict would then have to be used by the judges chairing Bibit and Chandra's case to declare the two innocent," Akil explained.
Senior lawyer Todung Mulya Lubis, however, said it was best that the pair stand trial to settle the case. "[It's better] to bring Bibit and Chandra to court to dismiss developing controversy among the public and clear up the impression that they're afraid to appear in court," he said.
Todung said another option was that the President used his abolition right, but added that it was unlikely because the protracted nature of the process.
Bibit himself has said he and Chandra were ready to face trial. "However, as the media know, I never committed the crimes laid against me. We all have been informed that Pak Chandra and I were framed," Bibit said recently.
A member of the team of lawyers for Bibit and Chandra, Bambang Widjojanto, however, said he did not trust the integrity of the judges if the pair were to stand trial. "The case facing them is a product of a fabrication by law enforcers, how can I believe that the judges are clean?" he said.
Bambang agreed with Akil's suggestion that Anggodo's trial must be concluded as soon as possible. "If Anggodo is found guilty, it can be the base for the acquittal of Bibit and Chandra," he said.
Another option was that Anggodo's verdict – if he was found guilty – could be used by the AGO to throw out the KPK chairmen's case.
Before facing trials, Anggodo case had been investigated and prosecuted by the KPK while Bibit and Chandra had been probed by the police and prosecuted by the AGO. Bibit and Chandra came into trouble after Anggodo filed a report to the police, accusing the KPK leaders of extortion in order to settle a graft case involving his older brother Anggoro.