Identifier
Created
Classification
Origin
04SANTODOMINGO6338
2004-11-23 18:21:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Santo Domingo
Cable title:  

DOMINICAN RENOVE OFFICIALS GET BAIL

Tags:  PGOV KJUS DR 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SANTO DOMINGO 006338 

SIPDIS

SENSITIVE

DEPARTMENT FOR WHA/CAR (MCISAAC)

E.O. 12958: N/A
TAGS: PGOV KJUS DR
SUBJECT: DOMINICAN RENOVE OFFICIALS GET BAIL

REF: SANTO DOMINGO 06308

UNCLAS SANTO DOMINGO 006338

SIPDIS

SENSITIVE

DEPARTMENT FOR WHA/CAR (MCISAAC)

E.O. 12958: N/A
TAGS: PGOV KJUS DR
SUBJECT: DOMINICAN RENOVE OFFICIALS GET BAIL

REF: SANTO DOMINGO 06308


1. (U) Summary. After a lengthy hearing on November 19,
2004, the Dominican officials charged with embezzlement in
the RENOVE scheme (reftel A),were released on bail and/or on
their own recognizance. The cases will move forward under
the new Dominican criminal procedural code. The released
officials from the previous administration claimed a moral
victory in avoiding pretrial detention and continued to
maintain their innocence. End Summary.


2. (U) Late afternoon on Friday, November 19 Judge Victor
Martinez granted bail to seven of the 12 former officials
charged with embezzlement and related crimes in the RENOVE
case. Johnny Morales, unregistered local representative for
Hyundai Motors, was placed under house arrest. A second
defendant, Sam Goodwin, was charged but not arrested because
he is presumed to be outside the country. Pedro Franco Badia
(Minister of Interior and Police under President Mejia),
Admiral Ramon Emilio Jimenez (Secretary of the Armed Forces
under President Balaguer),and Gervacio de la Rosa were
released on their own recognizance. For six of the remaining
defendants bail was set at RD $1 million (US $33,333) each;
the seventh defendant's bail was RD $ 5 million (US $
166,665). Various defendants were ordered to remain in the
country and to report monthly to the Anti-Corruption
Department of the Attorney General's office.


3. (U) The Attorney General and the Santo Domingo District
Attorney both commented that the cases will continue through
the normal procedures. AG Dominguez Brito noted that the
bail hearing did not represent a defeat for the prosecution
but only the first step in a lengthy process. The new
Criminal Procedural Code, in effect only since September 27,
applies to the case.


4. (U) The Dominican Revolutionary Party (PRD) of former
president Hipolito Mejia claimed a moral victory in that no
former official remains behind bars pending trial. Press
coverage was heavy all weekend, repeatedly presenting the
image of Badia leaving the courthouse with his arms raised in
victory.

--------------
Comment
--------------


5. (SBU) The early public perception seems to be that the
RENOVE officials will escape prosecution. This may be
because the public does not understand the new procedures in
the criminal procedural code. Prior to the implementation of
the code, prosecutors commonly held defendants for lengthy
unspecified periods during investigation by the judge of
instruction. The new code precludes this practice and
requires timely bail hearings. The general public has the
impression that because no one is incarcerated, the case
against them has failed. The Attorney General and the
District Attorney haven't successfully countered this public
spin. If, as expected, the judge of instruction finds
sufficient evidence for the case to go forward, the public
may be treated to a different view of judicial possibilities.


6. (U) Drafted by Angela Kerwin.


7. (U) This piece and others can be found at our SIPRNET site
http://www.state.sgov.gov/p/wha/santodomingo/ along with
extensive other material.


KUBISKE