Richard Fifer, former governor of Cocle, entered the courtroom of the accusatory penal system escorted by his team of lawyers to the hearing intermediate stage, for allegedly withholding quotas to the detriment of the Social Security Fund (CSS).
At 9:01 a.m. Judge Maria Isabel guarantees Pedreschi gave initiated the hearing. They said they were present: Fifer with its new legal defender Thomas Góndola; Anti-corruption prosecutor sixth, Aurelio Vásquez; and Humberto Ledezma, in legal representation of the CSS as a prosecutor in the process.
The judge asked the parties whether they had explored an alternate exit conflict settlement as envisaged by the Criminal Procedure Code.
The prosecutor told Vasquez that he was not opposed to an agreement with the defense, but said he had not been informed about it. The CSS representative said the same.
Meanwhile, the defense spoke of a rapprochement with CSS, but did not specify details. It called for a total annulment of the process.
reject invalid
Nacelle requested the annulment of the process based on a public document certifies that Fifer became president of Petaquilla Gold on September 2, 2014, the date on which the CSS certified that the company had a peace and safe current in payment of dues.
He argued that his client did not have the key to access the System Revenue and Economic Benefits of CSS (SIPE) in the period in which supposedly the facts alleged occurred. The SIPE is the system that allows you to upload the forms to the CSS.
According to the complaint shares from October to December 2013 they were retained; same period in 2014 and in January 2015 through companies and Panama Petaquilla Infrastructure Development (PDI).
Nacelle also claimed that the September 24, 2014 the company did not operate, so bad could generate dues.
The prosecutor Vasquez opposed the arguments of the defense, in the sense that the annulment can claim only when there is a helplessness of the accused and violated his constitutional rights.
The judge decreed guarantees at 10:12 a.m. a short break to sort the ideas and decide on the appeal of the defense.
Upon returning from recess the judge denied the appeal for annulment, claiming it did not meet the requirements dictated by Article 198 of the Criminal Procedure Code. To order the annulment should have violated any guarantee of the accused.
ask suspend process
The defense requested "the provisional suspension of the process" for six months for Fifer reach an agreement with the CSS on quota arrearages.
Nacelle invoked the Criminal Procedure Code which establishes the "suspension of the process subject to condition," arguing that his client had been informed by the CSS of a credit to her for $ 434 thousand in Petaquilla Gold and $ 467,000 in PDI.
He showed a certification of the executing judge Him Cocle Analida Torres, who reported on the balance in favor of companies for $ 901,000.
The defense said that based on this credit, Fifer deposited in a cashiers check, the September 7, 2016, the sum of $ 215,000 as part of the amount for payment to the debt.
However, prosecutors amounts of retained installments totaling $ 3 million 199 thousand for Petaquilla Gold and $ 3 million for 31,000 IDPs.
According to Gondola, his client met the standard: was repaying the damage and the offense with which he endilga, according to him, has a less than 36 months worth.
Both the prosecutor and the complainant of the CSS opposed the defense argument.
The tax Vasquez was direct: the suspension of the process does not apply because the crime of withholding quotas covers 42 months in prison, not 36. In addition, Fifer faces two separate processes: the Petaquilla Gold and PDI.
The complainant stated that payment did not constitute a payment arrangement itself. At that point the prosecutor said that the administrative process does not stop court case.
He added that the suspension of the process involved the cancellation of precautionary measures to the accused, which is currently barred from leaving the country, and recalled that the former governor had a history of flight, as I had to be captured in February in a foreign country ( Colombia) to be brought into the process.
Finally, the judge denied Pedreschi this second recourse to defend Fifer, because by that court the payment made to the CSS was not a reparations.
In addition, it coincided with the prosecutor as to the penalty prescribed for the offense he is charged to Fifer.
formulate charges
Before entering the reading of the indictment against Fifer prosecutor, the judge asked again if the parties had an agreement: there was no conflict resolution.
The Fifer tax charged to the crime of withholding quotas to the detriment of the CSS and asked for a sentence of 84 months in prison: 42 months for each one of the processes: Petaquilla Gold and PDI.
The prosecutor invoked Articles 43 and 80 of the Penal Code that criminalize withholding quotas as was established in the Organic Law of the CSS (Act 51 of 2006).
Vasquez fed them with management reports collection of CSS the total amounts that are alleged were retained.
Evidence and witnesses
The prosecution presented the judge more than 25 witnesses and other documentary evidence to support his accusation against Fifer.
The defense presented several objections to the evidence by the prosecution, but few were accepted.
Subsequently, the defense also presented more than 20 exhibits. Among the ones that were accepted figure CSS certification that Petaquilla Gold and PDI are a credit to your favor of $ 901 thousand in the CSS in dues.
A recess was declared at 4:19 p.m.
Set oral hearing
The Pedreschi judge, before entering this phase, asked again if the parties had reached an agreement. The answer was negative.
Immediately, she reads out the summons for trial and set a November 29, 2016 at 9:00 a.m. as the date and time of the hearing.
He asked the defense and the public prosecutor to withdraw the citation slips to locate witnesses who will carry the audience.
