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Susno lawyers want prosecutor, police generals investigated

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Jakarta Globe - October 6, 2010

Heru Andriyanto, Jakarta – The defense team for former chief of detectives Susno Duadji, on trial for allegedly taking bribes and misusing police funds, on Wednesday became the latest to question why prosecutor Cirus Sinaga and two police generals were not implicated in the money-laundering trial of a tax official.

In March, Susno said that law enforcers had taken bribes from rogue taxman Gayus Tambunan to knock down money-laundering and corruption charges to a minor embezzlement case, allowing Gayus to escape imprisonment despite his suspicious Rp 28 billion ($3.1 million) bank accounts.

Susno's lawyers told the South Jakarta District Court that police investigators and the prosecution team in the Gayus case consisted of the same key people who had handled the murder charge against former antigraft agency chairman Antasari Azhar.

"One fact is never revealed to the public: for what reasons did the police hand the corruption and money-laundering case against Gayus to Cirus Sinaga?," lawyer Henry Yosodiningrat said when presenting the preliminary defense.

"Cirus served with the general crimes unit in the prosecutor's office but he actively attempted to bring the case to his desk."

The lawyer said Cirus did not have the authority to handle the case, which should have gone instead to the special crimes unit of the Attorney General's Office, and so he had added the embezzlement charge to pave the way for his involvement.

"There was a sinister conspiracy between prosecutors and police, with just one aim, namely, to loot the money in Gayus's accounts," he said.

Speaking after the hearing, Henry told reporters he would call acting Attorney General Darmono in person to demand action against Cirus. However, on Tuesday, Darmono reiterated the AGO's position that there was no evidence to indicate Cirus accepted a bribe from the former tax official.

"As for the two high-ranking officers mentioned earlier by the defendant, they escaped prosecution and were even recently promoted by the police chief," Henry said, referring to Brig. Gen. Raja Erizman and Brig. Gen. Edmon Ilyas.

Susno, who is accused of accepting a bribe of Rp 500 million when handling a case involving a dispute over a fish farm and the theft of Rp 8 billion from a security fund while West Java Police chief, demanded that he be cleared of any charges and released immediately because the indictment was unclear.

He also argued that the two unrelated charges could not be combined into a single indictment.

In a separate hearing earlier in the day, co-defendant Sjahril Djohan said he was the victim of a groundless accusation by Susno. Susno had said previously in a hearing with lawmakers that Sjahril brokered the Gayus and the fish farm cases in exchange for bribes.

"Susno Duadji, at the start of his political adventure at the House of Representatives, said that he didn't know me. To him, I would like to say never sacrifice everything and abandon people in your quest to achieve your personal ambition," a tearful Sjahril said when presenting his personal defense.

He made the remarks in response to last week's prosecution demand that he serve two years in jail for allegedly channeling bribes to Susno.

Sjahril described himself as a fierce fighter against corruption who had helped the government uncover many major cases. He said he had helped Jakarta to coordinate with police in Australia to capture fugitive embezzler Hendra Raharja, assisted then antigraft agency chairman Antasari Azhar in uncovering a graft scandal in the Indonesian Embassy in Singapore, and even played a role in the ongoing graft probe at the Foreign Ministry.

His attorney, Hotma Sitompul, said it was Susno alone who put Sjahril in the defendant's chair.

"The source of the information came from one man, Susno Duadji, who at that time was facing a very serious personal problem, namely losing his job as chief of detectives," said the lawyer.

"It seemed to be a matter of life or death for [Susno] so he couldn't control his actions and words and it ultimately backfired as he himself also became a defendant."

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