Adnan: Gayus is in for a rough ride

The former lawyer of graft convict Gayus H. Tambunan, Adnan Buyung Nasution, warned that Gayus’ plan to recant his testimony over the source of funds in his account would backfire.

Adnan said Tuesday that Gayus risked losing the trust of the panel of judges in other trials he faces. Gayus faces multiple charges, including bribery and forging documents.

“He made the statement before the court and those statements were documented as [legal] facts. Renouncing those words could be detrimental to him,” Adnan said at a press briefing Tuesday.

Gayus had testified that Rp 28 billion (US$3.1 million) of the Rp 100 billion he illegally amassed from taxpayers came from PT Arutmin, PT Bumi Resources and PT Kaltim Prima Coal, all companies controlled by the Bakrie Group, which is partly owned by Golkar Party chairman Aburizal Bakrie.

“The money came from services I provided to Bakrie companies to help the companies settle their tax appeals,” Gayus said at a hearing at the South Jakarta District Court on Dec. 8, 2010.

However, in an apparent U-turn in his legal saga, Gayus through his new lawyer, Hotma Sitompul, who is also the lawyer of Gayus’ wife, Milana Anggraini, denied the three companies were included in a list of 151 companies the Finance Ministry submitted to the National Police in relation to the investigation into Gayus’ tax corruption case.

Police suspect the funds were bribes channeled by several of the 151 companies whose tax appeals Gayus handled.

Adnan said backtracking on previous statements would raise doubts with the judges in the first trial case, who, citing Gayus’ cooperative behavior during the trial, handed down a lighter sentence.

The South Jakarta District Court sentenced Gayus to seven years in prison, a lighter sentence than the 20 years sought by prosecutors.

“The judges decided that the Gayus’ case indicates the presence of a wider tax mafia, and is not only the work of Gayus alone. So it would have been unfair to sentence him to 20 years in prison,” Adnan said.

He admitted he was disappointed by Gayus’ plan to recant his testimony.

Adnan said Gayus have made similar statements on four occasions: When being questioned by police prior to his trial, when questioned by the Judicial Mafia Taskforce, by the team of lawyers and in the trial itself.

“He made the same statements four times. I cannot respect him if he retracts them. We won’t know what is true anymore,” he said.

On Tuesday, Adnan’s firm, Adnan Buyung Nasution and Partners (ABNP), announced it had officially stopped representing Gayus.

On Jan. 19, Gayus claimed the Judicial Mafia Taskforce ordered him to seek legal advice from Adnan. However, the taskforce’s Denny Indrayana denied the claim, saying Gayus himself chose Adnan as his counsel.

Adnan said Gayus did divulge information on corruption practices, but said Gayus felt disappointed because he saw the legal process as an attempt to scapegoat him.

“Gayus was willing to engage in [undercover mafia practices] back then, but I don’t know about now,” he said.

Adnan declined to speculate on whether Hotma had persuaded Gayus to alter his statements. He also waved off rumors that he dropped Gayus as a client because of unsettled payments. “I told Gayus I didn’t want his money.” Adnan said.