This Tuesday, the judge Deiby Timoteo Peguero of the Seventh Court of Instruction will decide whether to open the substantive trial or reject the accusation of the Public Ministry against the 26 defendants in Operation Anti-Octopusa network that the brothers supposedly led Alexis and Carmen Magalys Medina Sanchez and with which the Dominican State would have been defrauded of more than 5,000 million pesos.
If a ruling is made by an order to open the trial, the judge “considers that the accusation has sufficient grounds to justify the probability of a conviction” of the defendants, establishes article 303 of the Code of Criminal Procedure.
In case of issuing a no place, it is because it understands that the facts that are pointed out to those involved were not committed by them; the criminal action has been extinguished, the fact does not constitute a criminal type; the person cannot be considered criminally responsible or the evidence was insufficient to substantiate the accusation, as established by the Law 76-02 modified by 10-15.
in two administrations
The alleged fraud committed by the network against the State occurred, according to the Special Prosecutor for the Prosecution of Administrative Corruption (Pepca) in the two consecutive administrations of former President Danilo Medina (2012-2020), brother of the accused, through tenders that it indicates as irregular in which Alexis Medina’s companies were selected to supply hospital equipment, medicines, fuels and even asphalt cement (AC-30).
“The criminal actions of theft of funds from the criminal organization affected the public health system, education, citizen security through the National Police, the electrical energy system (through EdeEste and the UERS), road safety ” and the national elections of 2016 and 2020 through “illicit financing of electoral campaigns with the funds of the reformed companies (Fonper), says the Public Ministry.
Fernando Rosaformer president of the Patrimonial Fund of the Reformed Companies (Fonper), is also one of the main defendants in the file and whose fate is in the hands of the young 35-year-old magistrate.
Among the companies attributed to Alexis Medina are General Supply Corporation SRL, Domedical Supply SRL, Fuel América Inc. Dominicana SRL, and Globus Electrical SRL
The other accused
Carmen Magalys Medina Sánchez, vice president of Fonper between 2012 and 2020, in her capacity as administrative vice president, was a member of the institution’s Purchasing and Contracting Committee, a function that, according to Pepca, she used to favor her brother’s companies. In addition to Alexis, Carmen Magalys and Rosa, others who appear in the file are Wacal Vernavel Mendez Pineda and Jose Dolores Santana Carmona. Also Francisco Pagan Rodriguezformer general director of the Office of Supervisory Engineers of State Works (Oisoe), and Achilles Alexander Christopherformer inspector of that state unit.
In addition, Julian Suriel Suazo, Lawrence Wilfredor (Freddy) Hidalgo Núñez, who was Minister of Public Health; former General Comptroller Rafael Antonio Germosén and Domingo Antonio Santiago Muñoz. In total there are 27 accused individuals, one of them (Rafael Leónidas De Óleo) a fugitive and 21 companies.
The judge must also decide whether to accept or reject the agreement among the defendants Pagan, Suriel Suazo, and Santiago Muñoz. and Lewin Ariel Castillo with the Public Ministry.
Who is Deiby Timoteo Peguro?
Judge Deiby Timoteo Peguero is a 35-year-old polyglot, eight of whom have experience in the judiciary. As an Investigative Magistrate, he has had to decide cases such as that of the drug trafficker Pascual Cabrera; being a substitute judge for collegiates, the death of the Romanian Andreea Celea and the process of the also narco Bienvenido Guevara Díaz (Maconi). He began his career in the La Vega Traffic Peace Court. His career includes civil and labor courts and in the Children’s and Adolescents Court of La Vega. Timoteo Peguero alternates his role as judge with teaching.
