The interim judge of the Fourth Court of Instruction of the National District, Leomar Cruz Quezada says that the actions of the District Attorney of the National District against the former minister of Public Works, Victor Diaz Rua, violated his right to a defense and due process. Diaz Rua was minister of Public Works during President Leonel Fernandez’s government.
The judge states his position in his Resolution Number 08 n 2014, of some 117 pages, in which he bases his arguments of fact and law to declare the case completely null and void along with each one of the acts which up to the date make up the process of investigation regarding the former official and the alleged corruption.
Consequently, he ordered the dismissal of the activities of the District Attorney Yeni Berenice Reynoso.
He specified that according to the elements and documents supplied by the parties there is no trustworthy proof that Diaz Rua had received a formal notification of all of the elements of the investigation carried out against him, previous to or at the moment of the imposition of the measure consisting of the embargo of funds.
The court believes that the freeze on the funds constitutes a real coercive measure, against which the PLD Secretary of Finances could not defend himself.
He said that the sanction resulting from the irregular activity consisting in the failure of the duty to inform the defendant as established in article 95 of the Penal Process Code is the annulment of the acts.
He suggests that prior to the imposition of the request for resolution of the petitions on 4 April, and after having evaluated the documents that make up the process, “there does not exist any proof of notification of the defendant of the complaints, the elements of proof, or the circumstances relating to the process of investigation followed against citizen Victor Diaz Rua.”
The magistrate said that he believes that no procedure was registered that coincides with the date of the freezing of funds or before this, “the reason for which it is not been able to prove that in the present case they have fulfilled what is established in article 95 of the Penal Process Code.”
http://www.diariolibre.com/noticias/2014/10/16/i839901_juez-dice-fiscal-viol-debido-proceso-caso-vctor-daz.html