Prosecutor José Domingo Pérez spoke with Peru21TV after the beginning of the oral trial against the former mayor of Lima, Susana Villarán.
What evidence considers more forceful to demonstrate the Odebrecht and OAS bribes scheme in the management of Susana Villarán?
The process is divided into two large blocks: crimes against public administration linked to the projects Routes of Lima and Yellow Line. It is clear that administrative procedures were feasting that ended up favoring both Odebrecht and OAS in the delivery of tolls and roads of the Pan -American and Rímac. There are witnesses, experts and auditors of the Comptroller who will report how the subscription of the concession contracts and the addendum one accelerated, without fulfilling the legal requirement of having the approval of the MEF. In addition, the illicit money that was received was allocated to the ‘non -revocation’ campaign and the municipal re -election of 2014. Various companies and associations were used to hide the origin of these funds.
Villarán has recognized that there were money contributions, but not for eleven million. What do you think?
We will have to wait for the position of your defense in the allegation. That he recognizes the reception of money, although he disagrees with the figure, it would be positive for the country, since he would shorten the trial and only the penalty would remain. Many defendants claim that the contributions were campaign and that they did not know their illegality, but in this case it does not apply because there were two previous contracts: that of Lima Routes and the Yellow Line addendum.
The former mayor said that only her and Mr. Castro knew about those monies. It’s true?
Not quite. The money was not only received by Mr. Castro Gutiérrez, today deceased. Other operators made simulated contracts with subsidiary companies of Odebrecht and OAS: fictional contracts and overvalued invoices to give appearance of legality. The money collected was delivered to Castro or through third legal persons to pay electoral advertising and campaign activities.
How does the death of José Miguel Castro affect this case?
It is a fateful and unexpected fact. He was a very important person in the structure presented by the Public Ministry, but there are sufficient evidence to demonstrate the guilt not only of former mayor Villarán but of the other defendants. Witnesses will declare how Castro himself indicated to go to the offices of Brazilian companies to collect money or make simulated transactions.
Is the cause of your death already known?
The causes are established in the necropsy by the Institute of Legal Medicine. It is up to the Miraflores prosecutor to determine if the fact has criminal content and, if so, continue the investigation.
https://www.youtube.com/watch?v=TFD8P1ZFMXM
What is Mr. Leao Piñeiro’s procedural situation?
He is not an effective collaborator; He is accused in the case involving the former mayor Susana Villarán and has had the accused status and now accused throughout the process. That he has requested to take advantage of a special collaboration process is a different procedure that depends on his will.
After eight years investigating the Lava Jato case, do you feel satisfied?
Yes, we have achieved an effectiveness of one hundred percent: all the accusations that came to trial concluded with conviction. Two of the four Peruvian former presidents sentenced in Republican history were in cases of Lava Jato: Ollanta Humala and Alejandro Toledo.
Odebrecht lost the collaboration benefit. Was research opened?
The process of collaboration with the company is in the evaluation phase for its continuity, which is reserved. Meanwhile, Odebrecht continues to comply with the payment of civil reparation, the highest charged by the Attorney General’s Office in cases of corruption.
Meanwhile, Odebrecht has sued you and Dr. Vela.
Yes, he has filed a habeas corpus. Many investigated seek to reach the Constitutional Court to obtain benefits, a strategy similar to that seen in Brazil and Guatemala.
How long will it take if research opens to Odebrecht?
It will depend on the revocation process. For example, it is also evaluated to revoke benefits to Jorge Barata, according to his own lawyer.
They accuse him of favoring Martín Vizcarra because his wife worked in his government.
That is also false. I arrived in Lima in 2011, when Vizcarra was not authority. My wife has worked in the public administration and was the subject of a discredit campaign that even motivated precautionary measures of the IACHR to protect us.
Did Vizcarra ever exonerate an accusation when he was a prosecutor in Moquegua?
No. Vizcarra did not have the status of a public official during my management in Moquegua.
You have requested preventive detention for former presidents and a presidential candidate. What do you feel?
It is not a personal feeling. It is a duty: preventive detention requires serious elements of conviction and risk of escape or obstruction. When the judges grant it, they do it after a review in several instances.
Does the cocktail case fall?
No. The case came to judgment solidly. Although the Constitutional Court annulled the process and retreated the accusation, the defense of Keiko Fujimori now seeks the total archive. For the Prosecutor’s Office, receiving money from criminal activities for political campaigns does constitute money laundering, as the Supreme Court already settled in the Humala case.
The Judiciary returned the accusation 19 times. Was the case badly?
It is false. If I had been born badly, I would not have come to trial. The return of the accusation is a legal mechanism requested by the defense to guarantee rights, not an error of the Prosecutor’s Office.
What would happen if the Constitutional Court fails in favor of Keiko Fujimori?
It would be a precedent that would weaken other cases: that of Ollanta Humala, popular renewal, APRA and even investigations to Vladimir Cerrón. A door would open to impunity.
Prosecutor Espinoza asked to declare Keiko Fujimori’s party illegal. Is it related to your accusation?
She requested information from my office about the Cocktails case. Days later I was suspended. Part of the inputs they used came from our investigation.
Do you feel proud of the current Public Ministry, under the internship of Tomás Gálvez?
I hope you overcome the crisis. I worry that investigated and politicians celebrate their assumption. I advise you to evaluate our results: one hundred percent effectiveness, conviction and the greatest civil reparation.
