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Thursday, 03/03/2016 10:09:23 AM

Thursday, March 03, 2016 10:09:23 AM

Post# of 26631
The Court of Final Appeal of Cocle refused an appeal by the defense businessman and former governor of that province Richard Fifer, which sought to annul this preventive detention, ordered by the judge of guarantees Yazmín Jaén on 27 February.
The hearing related to the investigation being conducted by the Attorney Sixth Anti-Corruption for allegedly withholding employers contribution of the Social Security Fund (CSS) by Petaquilla Gold, which is listed as legal representative Fifer. What allegedly failed to pay totaled $ 3.1 million.
They formed the tribunal judges Adilio Gonzalez, Oscar Carrasquilla and Gustavo De Gracia, the latter as president.
In its arguments, the lawyer Fifer, Marilyn Melgar, questioned the arrest of his client with the argument that this took over Petaquilla Gold in September 2014 and the alleged withholding quotas occurred in the period between October 2013 and September 2014.
"In any case, should it speak of withholding quotas from the period when my client be welcomed legal representative of that company," he claimed.
Melgar also objected to the fact that the judge of guarantees decreed the preventive detention of his client with the allegation that disregarded a complaint filed against him in January last year, especially because, he said, Fifer was unaware of that action legal.
Counsel for the employer also rejected the argument of the judge regarding the alleged risk of leakage of his client, because, as he said, this was out of the country on business and I came back voluntarily to Panama when the Colombian authorities held him.
Meanwhile, the prosecutor sixth Anticorruption, Aurelio Vasquez said that if the arguments of the defense had Fifer viability, the judge had denied the request guarantees detention.
He said that one can not say that Fifer did not know the process that followed him after being sued by the CSS on January 5, 2015.
He explained that on January 22 of that year arrived at his office a document which stated that Fifer gave power of attorney to exercise its defense, so that "he knew the process."
He explained that on several occasions tried to notify the employer at his home in La Pintada, Cocle, but "he was never located."
He added that during those days he consulted his lawyer about the whereabouts of the former governor, but this disown said.
He also sustained that just yesterday, Wednesday March 2, 2016, Fifer had booked a plane ticket to Panama Washington, United States route. And then he intended to travel to a European country.
"I do not know why [the defense] says that there was no risk of flight," he rebutted.
The prosecutor said the measure requested by the prosecution and ordered by the judge "is to keep the radius of the process to the person under investigation (...)".
During the hearing, the judges declared a recess between 11:00 am and 1:40 pm Then, to resume the process, the judge De Gracia, who presided over the ceremony, concluded that "the behavior of the accused is consistent with the provisions by the prosecution and the arrest warrant of the investigating judge. "
He explained that the court's decision took into consideration the fact that the investigation sought to travel to the United States, coupled with having American and Panamanian passport.
Finally, the court concluded that the employer has no intention of remaining in Panama.
FIFER ASKED TO SPEAK
Before starting the period of allegations, Fifer defense asked the court to allow his client will say a few words. He consulted the prosecutor Vasquez and CSS representative, Humberto Ledezma, but they did not accept the argument that only the audience attending the appeal to the order of detention.
Five minutes later, the court rejected outright as requested by the miner.
- See more at: http://impresa.prensa.com/panorama/Fiscal-sexto-Fifer-localizo_0_4429057125.html#sthash.vKy2OsJp.dpuf

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