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Subject: Translation Tempo Semanal 20 April 2009: "B" Alleges
Justice Minister used another's company to buy Prison Guard Uniforms
(Note: References in the translation of the article below to "big
brother" are a straight translation of "maun" and
"sister" of "mana" from tetum to english. The
references to "sister" are of Minister Lucia Lobato and
"big brother" of her Husband Americo Lopes.)
TRANSLATION OF "TEMPO SEMANAL" ARTICLE: "B" Alleges
Justice Minister Used Name "Wasuba" to Buy Uniforms Edition
Number 135, Monday 20 April 2009
The witness from whom the Justice Minister Lucia Maria Brandao Lobato
and her husband asked for help find a company to use to supply uniforms
for Timor-Leste prison guards have started to open their mouths to tell
their story, strengthening the foundations of the allegations that the
Justice Minister and her husband paid a bribe of 10% to the company named
"Wasabu" in order to use their company's name only to acquire
uniforms and use their bank account to effect the transfer of funds paid
for this Project to the Justice Minister. These allegations were made by
"B", who asked not to be named, but who is ready to cooperate
with Timor-Leste State authorities to stop this misuse of State moneys.
"First of all it was big brother Americo who came. He came to speak
to me. For me to look for a company, to make a purchase."
When Tempo Semanal journalists tried to obtain clarification from the
Justice Minister on the 17th of April after a seminar held the Ministry of
Foreign Affairs building the Minister said, "Where are you
from?" This newspapers journalist answered, "From Tempo Semanal."
With a grimace the Minister said, "Right now I do not have time to
speak with Tempo Semanal." Perhaps the Minister was still feeling
wounded by this newspaper's earlier published article that she was
suspected of Corruption, Collusion and Nepotism involving her Ministry.
This newspaper attempted to confirm with her the word
"purchase" that Ms "B" had alleged, with a smile on
her face, against what the Minister's husband had "said regarding the
uniforms (uniforms for prison guards)."
So as to discover what mischief these high level people were up to, she
told him, "I will let you know later, if I can." She emphasized,
"I accepted to look for a company." At that moment the lady
concerned also had a company but its license had expired. " I was
going to give mine but at that moment my company's license had lapsed, it
could not be used so I asked to use A's instead," she told further.
After that B thought she would go and speak with her relative A, who was
the owner of company Wasuba. "I spoke to A. A accepted, so he brought
his company over."
A and B also began preparing the documents to formalize the tender in
the middle of 2008, although according to an SMS from the minister shows
that the process for acquiring the uniforms began in April 2008. "It
was the two of us who in fact prepared this proposal," B said.
Despite this, the two of them understood very well how this process would
function. "Then the two of us spoke amongst ourselves and said, to do
this thing, how do we do?" Because they did not understand it, B
sought to find out from the Minister's husband. "So then, I asked big
brother, and it seems that big brother spoke again with big sister. This
is what he said (big brother Americo, big brother Americo himself). This
is what big brother said to the two of us that we would only get ten
percent from the money, the budgeted moneys for making this
purchase." "We got ten percent because the things were already
there."
"These things were already acquired. We were only needed for help
with the documents, merely for the preparation the proposal, just did
things like the formalities. Just did the formalities for the things that
were already there ready to be delivered, just to be delivered, ready, to
just make the claim for payment."
He emphasized, alleging that, " The things were already there, we
merely helped with the company and made the proposal, so that the money
could, could be paid out." The price for this project was nearly
US$100,000, but A and B as owners of the company only received US$9,700.
"But we only got ten percent from the total. But we did not buy the
things, because we were told that they were already bought. They were
already bought just waiting to be picked up and delivered."
She also told of how the uniforms were transported from Indonesia.
"Picking up the things. We went to pick up the things. My younger
sibling took care of it in Surabaya and it was L who went to collect it in
Jakarta," B said.
Indeed this was also confirmed by LO. "At that moment I went to
Indonesia, the Justice Minister herself telephoned me, she said, "I
had to go to Jakarta to pick up the things and bring them here." But
he said he told her he rejected it saying, "this project is not
mine." B said that it was she who went to collect the specimen of the
documents from the Ministry of Justice. "This specimen here, at that
time we went to pick up at justice. We went to pick it up there. If I am
not wrong collected from Mr. Antonio," B said. But B explained that
it was not a specimen regarding the quality of the goods but regarding
some other document. "This is not a specimen, but a project proposal
document. It was blank so she asked for us to help her."
Despite it being the two of them who filed out the form regarding the
uniforms it was the Minister who gave them the amount for the contract
price. " We prepared it but they gave us the budget amount directly.
How much, that was given directly by them. At that moment big brother
Americo brought it over to us," she alleged of the Minister's
husband.
"They had already given the amount of the contract price. They
gave us ninety seven thousand. They told us to put down ninety seven. Then
after they gave us the price of ninety seven, they told us to put in the
amounts per item, as to how much that was to be according to us, but what
was clear was that it had to come out to ninety thousand dollars. Like
this," B said.
This newspaper was able to access the CPV in the amount of US$97,000.00
specifying the manufacture of more than five hundred uniforms, but it did
not specify which company was to receive this money. "So the name of
this company was used with nine thousand seven hundred (US$9,700.00) then
after we paid tax would be nine thousand seven hundred (US$9,700.00). The
two of us got ten percent like this and A's company had its tax
paid," A said, who after having received the money took 90% and
delivered it to the minister's residence in Bidau. "We just used the
company's name and we just went through the formalities. We put in the
amounts for the items to be able to lodge it and that was all. We didn't
do anything else," B emphasized her allegations.
According to B's recollection at the time they inserted a proposed
amount of around five hundred dollars per item. "The items for the
uniforms at the time it was five hundred and something, something like
that. It was delivered in phases. 50% delivered (fifty percent). We didn't
deliver it all. Up until now we have not been able to receive payment of
the refund of two thousand (US$2,000.00) security money that we deposited
in Bank Mandiri. Because they say the goods have not been delivered one
hundred percent."
"We put it in (bill security). A and I took a debt, so that the
two of us could put it in. Because at that time we asked sister
directly." What did the Minister for Justice say to do? The Minister
for Justice told B to speak to her husband. "Speak to big brother,
big brother said speak with sister as we are not prepared to speak with
sister. The two of us and Amau were also scared because we still owed
money to sister." "The two of us put the money together and then
we telephoned big brother asking him to pay back the two thousand. Because
we borrowed money from someone for that. So Americo gave us the two
thousand back so that the two of us could pay back the people we owed
money to." B added that, "yes, it was not ours. Because at the
time we borrowed money from someone, big brother paid us back."
If this case goes further in the future are you prepared to give
testimony? "Yes when needed we can give ours, (statement) we will
go," she said calmly. "This money was paid into the company
Wasuba, it went into Wasuba's company bank account." As soon as the
transfer had been made form the Government to Wasuba's company account
they withdrew it and delivered it to the home of the Minister for Justice
in Bidau. "After withdrawing it, withdrawing straight away, A took it
and gave it to big brother and big sister at Bidau and then A took our
percentage and brought it here to be distributed to us. The two of us
divided it here (at front of the house). All the money was taken and given
to big brother and big sister in Bidau. All the money that was transferred
from the State into the bank account of Wasuba, was all withdrawn by A. At
the time I did not want to go. So (she said) because it was A's company, I
told him he should go and collect it. As soon as he collected it he
telephoned big sister, and she said take it to Bidau straight away. The
money was taken straight away to sister's house, all delivered there,
then, we were given money as part of our share." "Initially when
big brother spoke to me it was like this. He was only going to give me
three thousand five hundred (US$3,500.00). I was just going to help with
lodging a company for them. Then I said this: three thousand five hundred
(US$3,500.00) and we will the rest. Then I spoke to A but A rejected it. A
said three thousand five hundred (US$3,500.00) to do what? We are going to
do everything, all these things, and it was then that sister said to us,
she would give the two of us ten percent. Because it was not right, this
project was an Indonesian's? (If it's like that then why don't you use the
name of this Indonesian's company?)"
Although the payment from the Government budget has lapsed the
uniforms, "it came in phases because the ones came from
Jakarta." According to LO in the middle of 2008, he was in Surabaya
for a graduation ceremony when he received a telephone call from the
Justice Minister asking him to go to Jakarta to collect the uniforms and
take them by plane to Surabaya. "I received a telephone call from big
sister asked me to go to Jakarta, go collect the uniforms at a lady friend
of the Minister's in Jakarta to take by plane to Surabaya so as to ship by
sea to Timor-Leste." Because of this he departed straight away to
Jakarta to take the goods back to Surabaya and then to ship by sea to Dili.
As the goods delivered were incomplete when they arrived, further
requests were made for B's younger sibling in Surabaya to help find some
more. "The second delivery was from Surabaya."
According to this witness, who was brave enough to accept this dirty
work from a high level political leader in order to get to the bottom of
the mischief of these politicians, his younger sibling sent more goods as
requested but he had to send some more because the quantities were again
insufficient, "They arrived but when A delivered it, he said to me, B
they don't want to receive these things. A said, B they do not want to
receive the goods because they are not one hundred percent there."
Then A asked, B what he thought, "Now what do we do?" To this B
said that he did not know and he asked A to let the Minister's husband's
know. "Now you have to speak to big brother and them. Because, I do
not know either. Whatever they send we do, we just do it." B
immediately justified to A that according to instructions from the
Minister and her Husband, they were only suppose to organize the documents
to legalize the tender process. "To help with the documents, but with
things like this, like this, I do not know anything," added B.
"We were not suppose to do this, because at the time big brother made
the proposal to us it was to pay ten percent (10%). We already have the
goods, he told us there and then. We are just waiting to deliver (the
proposal documents) them, so that the goods can just be delivered to the
warehouse, so that payment can be made," alleged B. When this
newspaper questioned regarding these documents B said, "Our documents
were the only things needed. Only the company were needed."
The Wasuba company documents were taken and lodged with the Ministry of
Justice. "Then the company profile was taken and given to sister
herself. We handed it directly to sister. The two of us, A and I went
there to give it to her," she said with certainty. She emphasized her
allegation that the Minister and her husband did not ask them to do any
more work but to just give them a business name. "All they needed was
the company, the goods were already acquired. They only needed the
documents for formality, someone else's company."
Six months, or seven months ago, this newspaper published a series of
SMS's from the mobile telephone of the Minister for Justice in the IV
Constitutional Government of the Democratic Republic of Timor-Leste, Lucia
Maria Brandao Lobato supporting allegations that she had given herself and
her friends projects, which to this date have not been the subject of any
investigation by the Prosecutor General's Office. But because of these
allegations that Tempo Semanal published in Edition 108 on 14/10/08 the
Minister for Justice lodged a complaint of criminal defamation against the
Director of this newspaper Jose Belo with the Prosecutor General's Office,
which has already summonsed him and released him on conditional liberty,
but placed him under reporting conditions, limiting his movements.
This case has not yet been tried to date, because according to the
previous Prosecutor General Dr. Longuinhos Monteiro, he was still awaiting
further evidence from the Justice Minister. To this day this newspaper and
it's director are still under accusation of having committed criminal
defamation. Prior to lodging a complaint with the Prosecutor General, the
Justice Minister also published an expensive full-page newspaper
advertisement in a national daily newspaper, supplied at no cost to her,
denying the allegations made by Tempo Semanal, calling Tempo Semanal
stupid, backward, liars, lacking in credibility and accusing this
newspaper of trying to bring down the AMP government. But now this
newspaper has been able to find witnesses who have given valuable
testimony regarding the Prison Guards Uniforms, which has remained
controversial until this day because the Prison Guards themselves have
rejected the uniforms, footwear, and headwear purchased because they are
adorned with TNI and ABRI (Indonesian Armed Forces labels).
(end of translation)
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