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Sjahril Djohan Guilty of Graft, but Jailed for Just 18 Months
Heru Andriyanto | October 13, 2010

 

Sjahril Djohan outside the court after being sentenced to 18 months in prison 
for giving a Rp 500 million bribe to Comr. Gen. Susno Duadji, former National 
Police chief of detectives. The defendant could be out in just a year after 
taking into account time already served. (JG Photo/Afriadi Hikmal) 


Jakarta. Disgraced former diplomat Sjahril Djohan was jailed for 18 months on 
Tuesday for channeling bribes to a National Police general, having escaped 
heavier penalties for case-fixing. 

"The defendant, Sjahril Djohan, is pronounced guilty of concerted acts of 
corruption," presiding judge Sudarwin told the South Jakarta District Court. 

Sjahril was fingered as a major case broker operating at the National Police 
headquarters by former chief of detectives Comr. Gen. Susno Duadji. 

The allegation led to sanctions being meted out on errant policemen and judges. 

Only the key prosecutors implicated in the case-fixing have so far escaped 
legal retribution. 

The sentence - which Sjahril decried as "too harsh" - was lower than the two 
years recommended by the prosecution on Sept. 30, a demand that at the time was 
greeted with dismay among antigraft activists as being too lenient. 

If found guilty of case-brokering, he would have faced more than five years. 

Taking into account time served since his arrest in April, he is almost certain 
to be out of jail by this time next year. 

Explaining the sentence, the judge said he had taken into account the 
65-year-old defendant's age and poor health, as well as his service for the 
country as a diplomat and an adviser to the National Police and the Attorney 
General's Office. 

"The defendant has behaved politely and has been cooperative throughout the 
hearings," the judge said. 

Sjahril was found guilty of channeling Rp 500 million ($56,000) in bribes to 
Susno. 

The money had come from lawyer Haposan Hutagalung,? who represented a client in 
a dispute concerning a Riau fish farm?. 

"Haposan handed the money to Sjahril to speed up the investigation because he 
knew Susno Duadji was in charge of the case," the judge said. 

The court also fined Sjahril  Rp 50 million, and he could face an additional 
four months in jail if he fails to pay. 

Prosecutors have said the same lawyer also sought help from Sjahril to get 
preferential treatment for another client, rogue tax official Gayus Tambunan, 
who last year became a suspect in a money-laundering case related to the Rp 28 
billion found in his personal bank accounts. 

Susno allegedly asked for  Rp 3.5 billion from Sjahril in return for having the 
frozen accounts freed up, but the panel said there was no proof to back the 
claim. 

Only one witness, Haposan, said Susno had asked for payment and that a series 
of meetings had been held to discuss splitting money from Gayus into Rp 5 
billion payments for police, prosecutors, the judges, the lawyers and Gayus 
himself, Sudarwin said. 

"His testimony was inconsistent with remarks by other witnesses, whereas the 
criminal code procedures require at least two testimonies or evidence to bring 
a criminal charge," the judge said. 

"The panel of judges cannot find proof about the payment of Rp 5 billion each." 

He added that a number of witnesses had told the court that Susno had refused 
the request to unfreeze the accounts. 

However, his subordinate, Brig. Gen. Raja Erisman, ordered the accounts 
unfrozen last November, based on the recommendations of prosecutor Cirus Sinaga 
after Susno was removed from his post, Sudarwin said. 

Sjahril said he had requested a week to weigh an appeal. 

"I am very disappointed. I should have been acquitted," he told reporters after 
the hearing. 

"I need to first consult with my lawyers before delivering my stance. [The 
sentence] is too harsh for me."   

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