Lawyer Angel Lockward assured that the Resolution| of the Judge Kenya Rosemary No. 17-02-2022 that has circulated since yesterday in the media is based on an “Audit Report” that has been declared false by the Comptroller.
According to Lockward, the Comptroller has told the court in writing that he had not seen, signed, or processed said report.
He also recalled that for the use of false documents to obtain judicial decisions a few months ago, the Supreme Court of Justice dismissed an indictment and the Fifth Chamber of the Superior Administrative Court sentenced a prosecutor who obtained the judicial decision to pay RD$ 2.0 million,
“The use of a false document corrupts all the judicial diligence that is done with the resolution, the other documents that make it up, as far as I can see, are normal for lawful commerce, in relation to the cases that my office handled,” he said. Lockward
He added: «Especially because the Judge establishes that the PEPCA, says ‘being in possession of a Report’, something that we already know is not true according to the Comptroller: That is not even seen in Haiti and requesting information from 89 people first and then from 206 made up of owners, lawyers, etc. – It is not investigating, it is affecting fundamental rights, doing harm, unnecessarily».
The lawyer expressed that he does not know the former officials mentioned in the resolution and recalled that he was the lawyer who brought the most lawsuits against the government of former President Danilo Medina.
«I sued two of them, consequently, I did not speak with any of them about the cases of my clients, nor was I in their offices or in other places treating them and, of course, I can only speak about the files that I processed of my customers, not the rest”, he clarified.
He said that every lawyer and common person knows that if there is a property – in this case titled – that the State occupies or declares of public utility by effect of a decree or a law, in accordance with the Constitution and laws 344 and 13-07 , it corresponds to pay it to the State, previously, “and in this case, unhappy before a State that violates the property right they are collecting – the grandchildren – 66 and 46 years later”.
He argued that when this type of situation occurs, the State can pay amicably if there is an agreement on the price, for which an appraisal is required from the General Directorate of the Cadastre or with the price index that is on the network, or judicially, when there is no agreement on the price.
“In all the cases that I know of, that has been true,” Lockward said.
Regarding the credit assignments that his clients signed, the lawyer said that they did so because they had the right to freely dispose of their money, not State money.
“I could not oppose what lawyer can oppose his clients – poor – looking for ways to speed up the payment of such old debts against a State that does not pay?”, he questioned.
correct term
Ángel Lockward explained that the term embezzlement and fraud against the State is misused since the Government had the obligation to pay and the fees of the managers in question did not come from the State, but from the money of the owners and lawyers. that they ceded part of their fees, which does not imply that the State does not prosecute them for the payment of taxes for their commercial activity, if they did not pay them.
“That is the only possible fraud since the State has the properties and pays less than what they are worth in the market,” he stressed.
He stated that it has also been falsely said that the properties cannot be transferred since some have litigation; however, he said that litis do not prevent the transfer and that, in the same way, it is a lie.
“For example, it was indicated due to lack of knowledge of the matter that the property of Bernardino Mercedes Parcela 613, part of the Las Américas Airport expropriated in 1955, whose appraisal began in 2009 and was ruled with price and everything in 2010, It could not be transferred due to litigation and, however, the Title Registry certifies that it is, that it is free of charges and encumbrances”, he explained.
Lockward said that no one doubts that by making use of a scandalous figure such as RD$19 billion allegedly defrauded, public opinion will be astonished and a police apparatus will be set up any day.
“As Judge German says, for the stands, however in the medium term, that for the State can be costly because when the titles, sales contracts and qualities to sell are presented, the one who can be sued and have to pay RD$ 50 again 0 RD$ 60 billion, it is the Government and that should have worried President Abinader and Miriam German, who represent the economic interest of the State”, he stated.
He concluded that they want to astonish people with the “fallacy” of a bizarre figure to hide the use of a false document as the basis of a persecution.
