US embassy cable - 04SANTODOMINGO6338

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. 
 
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Comment 
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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