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June 1, 2022
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MP suffers missteps in corruption cases

Major General (r) Pedro Rafael Peña Antonio upon his departure yesterday from the court that discharged him from the alleged case of corruption in the purchase of the Tucano aircraft.

In two of the largest and most emblematic cases of corruption that the Dominican Republic has had, the Public Ministry has barely obtained the conviction of one, out of a total of 9 defendants.

Of the nine defendants in the Odebrecht and Tucano cases, only businessman Angel Rondón Rijo was sentenced to 8 years in prison by the First Collegiate Court of the National District.

For the Odebrecht case, the aforementioned court convicted Rondón and declared the remaining five defendants not guilty, including the engineer Víctor Díaz Rúa, who, however, was sentenced to five years in prison for money laundering, but not for the bribes. that the Brazilian consortium admitted having paid in the Dominican Republic.

The others discharged in that case were former senator Tommy Galán, lawyer Conrado Pittaluga, former director of Inapa Roberto Rodríguez and former senator Andrés Bautista..

To these are added the three beneficiaries yesterday by the sentence issued by the Third Collegiate Court of the National District, which declared them not guilty in the case of the alleged bribery of the Super Tucano aircraft.

Major General (r) Pedro Rafael Peña Antonio upon his departure yesterday from the court that discharged him.

Those favored in this case were retired Major General Pedro Rafael Peña Antonio, former Minister of Defense; Colonel Carlos Piccini Núñez, former director of Special Projects of the Dominican Air Force (FAD), and businessman Daniel Aquino Hernández. Also, the firms 4D Business Group and Magycor.

The Public ministry He informed that he will appeal said sentence, since he understands that there were contradictions in his arguments.

You may be interested in reading: Pepca will appeal ruling discharged defendants receiving bribes Super Tucano

José Miguel Marmolejos, prosecutor assigned to the Specialized Prosecutor for the Persecution of Administrative Corruption (Pepca), explained that as corresponds in a State of law, that body will file the resources established by law, which in this case is the appeal.

“In the present case, today the court has made a succinct summary of the motivations. The full resolution is pending; however, we can anticipate that, in the statements made by the court, we have observed contradictions in arguments that we do not share”, said the representative of the Public Ministry.

The decision of judges Arlín Ventura Jiménez (president), Leticia Martínez Noboa and Milagros Mercedes Ramírez Cabrera declares retired Major General Peña Antonio, former Minister of Defense, not guilty; Colonel Piccini Núñez, former director of Special Projects of the Dominican Air Force (FAD), and businessman Aquino Hernández, as well as the firms 4D Business Group and Magycor.

The defendants’ defense counsel had warned that the case was headed for failure, in view of the fact that the main evidence was excluded during the development of the process.

In the particular case of the defense of Colonel Piccini Núñez, in charge of the lawyer Alejandro Tejada, he had warned that the Public Ministry excluded fundamental evidence with the intention that the country does not know the truth about the money that the aircraft construction company admitted. having paid bribes to the Dominican Republic.

In both the Tucano and Odebrecht cases, both companies admitted the facts and paid for them, but there has been no conviction in the trials.

weaknesses

The weaknesses of the process in the case of the Tucanos began in the preliminary trial that was held in the Fourth Court of Instruction of the National District, a court that sent the defendants to trial on the merits, but excluded the main evidence from the file: the agreement of accusation that the Public Ministry made with Embraer, the aircraft construction company.

Said agreement, according to the defendants’ lawyers, contained the real names of the deputies, senators and state officials who received the bribes from the Brazilian capital company.

Payment

The aircraft construction company paid 7 million dollars to the Dominican State, equivalent to twice the price of the aircraft, as part of an agreement not to be included in the accusatory file.

The agreement includes the denunciation of the defendants in the alleged case of corruption.



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