The Constitutional Court on Tuesday heard a recording of a telephone conversation speculating that East Java gubernatorial candidate Soekarwo would be likely to secure a favorable judgment from the court.
The recorded telephone conversation, which allegedly took place between Edy Sucipto, a witness appearing for defeated candidate Khofifah Indar Parawansa, and Nizar Zahro, head of Pesanggrahan village in Bangkalan regency, was played during the hearing on the dispute over the results of the East Java gubernatorial election.
The plaintiffs argued that the conversation clearly revealed fraudulent practices in polling stations in Bangkalan, Sumenep and Sampang regencies in Madura during the second round of the election. The defendants questioned the recording's authenticity.
The conversation recorded Edy raising doubts over the results of the vote counting in Madura and asking whether there was any conspiracy behind Khofifah's loss in those regencies. In response, Nizar said ballot papers had been marked in favor of Soekarwo before the election took place.
"Yes. The situation had been set up," Nizar said in the recorded conversation.
The conversation reportedly took place on Nov. 13, two days after the East Java General Elections Commission counted the votes.
Khofifah and her running mate Mudjiono, nominated by the United Development Party (PPP) and the Indonesian Democratic Party of Struggle (PDI-P) among others, filed a lawsuit in the court over the results of the final tally, which handed victory to Soekarwo and Saifullah Yusuf, who were backed by President Susilo Bambang Yudhoyono's Democratic Party and the National Mandate Party (PAN).
Defense lawyer Fachmi Bachmid said the court could not accept the recording as evidence because it lacked validity.
"The conversation did not mention how many votes the plaintiffs had lost and in which polling stations the fraud occurred. It was not clear at all," he told the court, which was packed with supporters of both camps.
Another lawyer for Soekarwo, Todung Mulya Lubis, demanded the court summon an expert to verify the authenticity of the recording.
The controversy heightened when the chief judge of the Constitutional Court, Mahfud MD, was mentioned in the recorded conversation.
Nizar was recording telling Edy that Mahfud, a Sampang native, might intervene in the court verdict to help Soekarwo win because Mahfud had a close relationship with Fuad Amin, a prominent cleric in Madura.
"It would be very ironic if Mahfud MD annuls Soekarwo's win. I'm sure the court will rule in favor of Soekarwo. If the court orders a recount, it will only be held in minor polling stations (that will not affect the tally)," Nizar said.
In response, Mahfud confirmed that he knew Fuad but denied any connection with Soekarwo and Saifullah.
Presiding judge Maruarar Siahaan adjourned the session until Dec. 2, but it remains unclear whether the verdict will be handed down at the next hearing.
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