Judges faulted in worthless land bail scam

 
1,088Views 1Comments Posted 27/09/2017

SUPREME COURT President José Ayú Prado who is seeking re-election is in the eye of another storm, following published revelations of scams linked to high-profile detainees who have obtained bail with plots  of largely valueless land  “in the middle of nowhere” used as security.

Against this backdrop Annette Planells, of the Independent  Movement (Movin) opined to La Prensa that it is the "lack of responsibility of judges ", and the failure to start the judicial career program. This has "caused failures in the administration’s ability to control problems like judges who accept estates with irregular certifications to release accused suspects,”  she said.

She  regretted the lack of a disciplinary court and that the situation entailed maintaining "Officials who are not qualified to [hold] office."

Meanwhile the judicial career -approved in August 2015- for lack of funds. has not been implemented by Ayu Prado says La Prensa.  “Ironically, he has spent more than $80,000 in trips around the world. Ayú Prado,  has stated that $ 20 million is required to start the judicial career.

Judge Harry Diaz warned that “with the use of these estates as security the Public Ministry (MP) must investigate ex officio, a possible crime against the State by the use of properties that have altered appraisals, but which are accepted by judges in civil and criminal proceedings for release.

"It would be, roughly speaking, a scam. Depending on what the prosecutor finds in preliminary investigations, there may be an illicit association to commit crimes, against faith and the public," among others, said Díaz.

The position of the magistrate of the Second Criminal  Court is due to a La Prensa investigation that revealed that overvalued estates that are in deplorable condition without basic services or access are releasing politicians and people accused of  high-profile crime.

The majority of the land is consolidated in a small group of companies that have the same directors and they repeat the names of the directors, dignitaries, witnesses, proxies and processors before the Public Registry.

Some of the beneficiaries of the releases are being prosecuted for the supposed embezzlement of the extinct National Assistance Program  (PAN) and the failed irrigation system of Tonosí, in Los Santos. To this list are added several accused of being part of a network in the Judicial Branch that "sold" faults and freedoms, to those accused of drug trafficking, money laundering and homicide.

To try to stop irregularities in the courts, Diaz suggested the creation of a rule that makes the judge "expressly" responsible when "not taking the necessary corrective, action when the parties or ex officio realize that the farms do not have the real value real to cover the bond ".

Cash guarantees
Although he did not mention the judicial career, he believes the criterion that the law must be modified so that the bonds are only guaranteed in cash and that the institutions that are involved in issuing them "shall be held liable for any misrepresentation in the actual market value. He considered that to ensure that land is suitable for bail it must be previously assessed by the Ministry of Economy and Finance and by the Comptroller General.

He made it clear that, even if a value has been registered on the estate in the Public Registry, "That does not mean that it is the real value of the property, therefore, it could even be typified as a crime against the public faith ".