‘Getting sick’ may be a good strategy to ‘avoid justice’

The Corruption Court decision to drop a graft case against West Lombok Regent Iskandar for health reasons may set a precedent for other graft suspects to use the same excuse to evade justice.

With such a precedent, graft suspects would know they have found a new loophole within the investigation process of the Corruption Eradication Commission and the trial process of the graft court, legal experts and anti-graft activists said here Friday.

“I’m afraid corruptors will suddenly “get sick” just to evade the court process,” Zainal Arifin Mochtar from Gadjah Mada University’s Center for Anti Coruption Studies (Pukat) told The Jakarta Post.

He said Corruption Court judges should examine thoroughly the medical records of defendants or seek second opinions to establish whether the defendant was really sick or pretending to be so.

“The judges should be really selective in determining when to drop the charges,” he said.

The Corruption Court judges decided to drop Thursday graft charges against Iskandar after they received files on medical checkups from Cipto Mangunkusumo General Hospital.

Doctors advised the defendants not to proceed with the trial due to his multiple illnesses that include severe dementia, which rendered him unable to recognize himself and everyday reality.

This made Iskandar the first graft suspect the court has failed to jail.

Presiding judge Gusrizal said Thursday the judges panel could not continue the trial, since the defendant’s illness would disrupt the trial, as Iskandar might create his own story and not help with further investigation into the case.

Iskandar was named as a graft suspect last year by the Corruption Eradication Commission (KPK) revealing his key role in an asset swap transaction in West Lombok in 2005.

His alleged misconduct caused state losses of Rp 13.8 billion (US$1.1 million). He was charged with violating the 1999 Anti Corruption Law and faced a maximum sentence of 20 years.

The court had already sentenced Iskandars’ business partner Izzat Husein, director of PT Varindo Lombok Inti to four years imprisonment.

According to Zainal he believed the court should only suspend the trial of Iskandar until his condition was improved. “Suspending trial of a suspect for health reasons is allowed in the criminal code but not to drop completely,” he said.

Indonesia Corruption Watch (ICW) legal researcher Febri Diansyah agreed with with Zainal saying Corruption Court judges should not be trapped by such an old strategy as making excuses about ill health to avoid trial.

“If the defendant is really sick it should be taken into consideration but judges should seek second opinions to prove whether the illness is for real,” he said.

He suggested KPK should file a civil lawsuit against the regent. Even if he could not be responsible criminally, he had still caused state losses.

“I think KPK should try to recover state assets he has embezzled,” Febri said.