The Second Criminal Chamber of the Court of Appeal of the National District annulled on Thursday, 28 September 2023 the ruling that had discharged the businessman José Asilis Elmúdesi and the companies Playa Marota S.A, and Metro Country Club of fraud and breach of trust. The fraud case will be retried.
The annulled sentence is 047-2023-SSEN-00O39 issued by the Ninth Chamber of the Criminal Chamber in March 2023 and appealed by the couple Eduardo Troya and Evelyn Montás de Troya, who accuse Asilis Elmúdesi of breaching a “contract of sale promise” of a villa project in the southeast.
The court ordered “the holding of a complete new trial in order to proceed with a new evaluation of the evidence before a court different from the one that issued the appealed decision but of the same level and judicial department.”
According to the ruling, during hearings, Evelyn Montás de Troya, a Dominican-American, as plaintiff along with her husband, who is a US citizen, told the court that she came to the Dominican Republic to “buy something.” and they found the project they presented “very nice, everything very good.”
“One million six hundred thousand dollars (US$1,600,000.00) is paid in advance, with the promise of a ten percent (10%) discount because it has been paid in advance, in advance of what? The project was not finished, they have not delivered. That means that if it has not been finished and if there is no electricity and there is nothing, even if it were in the villas that I had seen at the beginning finished, there was no light, there was no street, there was nothing,” said the alleged scam victim.
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Diario Libre
1 October 2023