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Indonesian judge who acquitted rogue taxman gets 2 years for graft

Source
Jakarta Globe - December 9, 2010

Eddy Pratama, Jakarta – A former Tangerang District Court chief was found guilty on Thursday of accepting a bribe of Rp 50 million ($5,500) from rogue taxman Gayus Tambunan and sentenced to two years in jail,.

Muhtadi Asnun, who presided over a money-laundering and embezzlement trial of Gayus in March this year and acquitted him of all charges, must also pay a fine of Rp 50 million or face an additional month in jail.

However, the judges dismissed an accusation that he also accepted another payoff of $40,000. "The defendant is conclusively proven guilty of corruption," Judge Tamrin Tarigan said at the East Jakarta District Court.

The trial venue was moved to East Jakarta to avoid any conflict of interests.

The panel of judges said accepting money from a defendant was a serious violation against the ethics of the profession and could erode public trust in law enforcers. However, the sentence was far lighter than the three and a half years and fine of Rp 250 million demanded by prosecutors.

Referring to the findings of the Judicial Commission, the panel said there was no proof Muhtadi had accepted $40,000 from Gayus. Muhtadi said he needed a week to decide whether to appeal. A similar stance was taken by prosecutors.

Muhtadi's attorney, Alamsjah Hanafiah, said his client was sentenced for receiving a bribe of Rp 50 million that was not even mentioned by the prosecution, while the formal indictment alleging that he took $40,000 could not be proved. "He should have been cleared of all charges," the lawyer said.

Muhtadi admitted in court that he met Gayus several times to discuss payment for his verdict, but denied that any payment was ever made.

Gayus had testified earlier in the trial that Muhtadi asked for a total of $40,000 to be distributed to two other panel members and for money to buy a Honda Jazz for his daughter, telling the court that he handed over the money to Muhtadi at his official residence just before the verdict was read.

However, in his own separate trial on Wednesday in a South Jakarta court, Gayus contradicted that testimony by saying Muhtadi had contacted him to tell him he would not accept a bribe.

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