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Jakarta Post

Two Malaysians get 7 years’ jail for aiding Indonesian graft fugitive

Foreign convicts: Two Malaysian nationals, Mohamad Hasan bin Kushi (left) and R

Ina Parlina (The Jakarta Post)
Jakarta
Wed, March 6, 2013

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Two Malaysians get 7 years’ jail for aiding Indonesian graft fugitive

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span class="inline inline-none">Foreign convicts: Two Malaysian nationals, Mohamad Hasan bin Kushi (left) and R. Azmi bin Muhamad Yusof, were sentenced on Tuesday to seven years’ imprisonment for obstructing the investigation of Neneng Sri Wahyuni. (JP/Wendra Ajistyatama)

Two Malaysian nationals, Mohamad Hasan bin Kushi and R. Azmi bin Muhamad Yusof, were sentenced on Tuesday to seven years’ imprisonment each for aiding and abetting former corruption fugitive Neneng Sri Wahyuni evade prosecution.

The two were found guilty of obstruction of justice and ordered to pay a Rp 300 million (US$30,953) fine or serve another six months in jail.

The Jakarta Corruption Court said in its verdict that in June last year that Hasan and Azmi aided Neneng when she returned to Jakarta from Malaysia until she was arrested by the Corruption Eradication Commission (KPK) investigators.

Neneng is on trial for her alleged role in a bribery scandal surrounding a solar power plant project at the Manpower and Transmigration Ministry.

Reading the verdict, presiding judge Pangeran Napitupulu said the defendants had been found guilty of violating Article 21 of the Anti-corruption Law on the obstruction of justice that carries a maximum sentence of 12 years’ imprisonment and a fine of Rp 600 million.

The judges dismissed the defense lawyers’ argument that the two Malysians were not aware at that time that Neneng was on Interpol’s wanted list. “Both defendants knew Neneng was a KPK [Corruption Eradication Commission] suspect in the solar power plant project case,” said the bench.

Neneng and her husband, convicted crook Muhammad Nazaruddin, who is a key player in many other graft cases related to House of Representatives’ politicians and government funded projects, fled the country in 2011 in order to avoid the KPK investigation. Nazaruddin was arrested in Colombia in August 2011.

The judges also concluded that the pair intentionally protected Neneng, saying that the defendants “did not report her whereabouts to the law enforcement authorities in Malaysia or Indonesia”.

The entourage entered Indonesia via Batam, Riau Islands — an illegal route favored by returning illegal migrant workers — before flying to Soekarno-Hatta International Airport on a commercial Citilink flight.

They assisted Neneng’s exit from Malaysia by booking a hotel in Jakarta as well as by booking a flight from Batam to Jakarta for Neneng, under the pseudonym of Nadia, and her maid, Camilah.

During the Tuesday’s trial session, the judge cited some aggravating factors against the pair, including the fact that they did not admitted their crimes. The judges also cited mitigating that they acted politely throughout the trial.

Rufinus Hutauruk, a lawyer representing the pair said the defendants would take a week to discuss an appeal.

KPK prosecutors also took the same move.

The sentences were shorter than the nine years requested by the prosecutors although the nine-year prison demand was higher than the seven years’ imprisonment sought for Neneng for allegedly bribing officials in the 2008 procurement scandal. The court will deliver a verdict on Neneng’s case on Thursday.

In February 2012, Timas Ginting, a senior official at the Manpower and Transmigration Ministry, was sentenced to only two years’ imprisonment for rigging the project bids in favor of Neneng.

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