For the second time, the case surrounding the appropriation of millions of meters of public lands near Bahia de las Aguilas in the southwestern province of Pedernales is back in the Supreme Court after the District Attorney of the National District filed an appeal that questions the decision by a lower court to declare the case closed because of extinction – the legal phrase to say that it has reached the statute of limitations. DA Yeni Berenice Reynoso asked the Supreme Court of Justice (SCJ) Penal Chamber to revoke the decision and send the case to the head of the courts in Santo Domingo in order for it to be assigned to another tribunal. The District Attorney said that the judge made an irrational and illogical analysis of the deadlines based solely on numbers and outside of the legal regulations.
She said that the First Instance Court judge established as a starting point the three years of limitation that is established in the Code, starting on 27 September 2006 when the legislator indicated that Article 5 of Law 278-04, of implementation, says that the statute begins at the moment the process starts to be filed according to the new Code, which is to say that it is not automatic.
www.elcaribe.com.do/2013/06/19/caso-bahia-vuelve-suprema-corte