Showing posts with label court. Show all posts
Showing posts with label court. Show all posts

Tuesday, January 25, 2011

Flawed justice: one-legged man drags upstairs, shooed by Court

A 63-year-old, one-legged man had to abandon his wheelchair and dragged himself upstairs unassisted to submit papers to a Ho Chi Minh City court which, again, turned him down for the third time.
Tuoi Tre reporters happened to be at the District 4 People’s Court on Friday and interviewed him.
An Van Chau said he was turned down the first time when he had a friend submit the papers for him while he was waiting outside. An officer told his friend Chau must submit in person.
The second time, a female court officer came down to meet him but told him to come next time with additional documents.
On Friday, after he came, a security guard told him the officer who received him last time was absent and the others were too busy.
That’s why I climbed upstairs to directly meet them, Chau told Tuoi Tre.
“I’m a human. I don’t want to look that pathetic, but as they refused to come down, I have to go upstairs”.
But this time the court also rejected his papers. Chau said an officer named Minh told him to contact the City People’s Court as his court – the district one – did not have enough jurisdiction since a party involved is away in Canada.
Chau said he should have been told in the first place.
He ‘climbed’ down, politely declining reporters’ help and shaking his head from time to time.
When Tuoi Tre were interviewing Chau downstairs, a woman who introduced herself as deputy presiding judge of the district court told them to “go away.”
She spoke out loud that reporters were not allowed to do their job without court’s permission.
She also called security guards to send the reporters out.
According to lawyer Nguyen Huu The Trach of the HCMC Bar Association, it is unacceptable for the court to let a disabled person crawl on the stairs.
The officers should have gone downstairs to receive him and take the papers, he said, adding there are certain regulations requiring civil servants to privilege disabled persons.
Another Lawyer, Nguyen Minh Thuan said the officers in this case did not fulfill their duties.
Chau has been using the wheelchair for 30 years.
 

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Wednesday, January 5, 2011

Long jail terms upheld for couple who tortured teen

CA MAU — The People's Supreme Court in HCM City yesterday upheld the 23-year jail sentence given to a couple from south-ernmost Ca Mau Province for brutally torturing their teenaged worker.

In June, the Ca Mau People's Court had handed down the sentence to shrimp-farm owner Huynh Thanh Giang and his wife Ma Ngoc Thom for their barbarity towards Nguyen Hao Anh, 14.

Their two hired workers, Luu Van Khanh, 17, and Lam Ly Quynh, 19, both received an 18-month sentence.

Giang, Thom, and Quynh filed an appeal in the People's Supreme Court saying the sentence was too harsh.

At the appeal, Thom, incessantly complaining she was tired, denied the charges saying the boy had burnt himself in an accident.

She and her husband also wanted the court to order fresh forensic tests, claiming Anh had had several injuries on his body when he first came to work on their farm.

Anh, the son of a poor divorced couple, said he did not want the court to reduce his former employers' sentence but hoped the court will show sympathy to Quynh. However, Judge Pham Hung Viet also confirmed Quynh's sentence.

Anh's mother Pham Thi Thoa had sent him to work on the shrimp farm in Phu Hiep village for a monthly salary of VND500,000 (US$25) in October 2008.

His job was to break open snail shells to feed the shrimp, do housework, and look after the couple's child.

The two tortured him because he was "lazy."

Forensic tests found the boy had suffered injuries on two-thirds of his body.

The local police said the couple had confessed to beating him, throwing boiling water and chemicals on him, burning him with an electric iron, breaking five teeth with pliers, and forcing him to drink his own urine. —VNS

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Friday, November 26, 2010

Former official gets life in Japanese graft case

Former official gets life in Japanese graft caseA court in Ho Chi Minh City Monday handed down a life sentence to a former high-ranking beauracrat for taking US$262,000 in bribes from a Japanese firm in 2003.

Huynh Ngoc Si, 53, who was in charge of the East-West Highway Project between 2000 and 2008, was also ordered to pay back the money to the state.

According to the hearing that began last Friday, Si, also former Vice Director of the HCMC Department of Transportation, helped Tokyo-based Consultants International (PCI) win development contracts in exchange for kickbacks.

The court found that Si also jockeyed to raise the foreign experts’ salaries.

In exchange, Si received $262,000 on May 28, 2003 from PCI’s former leaders at the Project Management Board’s office, according to the proceedings.

Si’s violations, especially the act of taking bribes, has tarnished the image of the Vietnamese government abroad in addition to flaunting the country’s efforts to fight corruption in accordance with the United Nations Convention against Corruption, the HCMC People’s Court charged at the hearing.

He was further upbraided for hindering the government’s strategy of seeking partners in ODA loans. The scandal led Japan to suspend development assistance to Vietnam from December, 2008 to February 2009.

The court proposed that the Ministry of Public Security’s investigators and the People’s Supreme Procuracy conclude their investigation into the allegations that Si also took bribes from PCI on six additional occasions.

Japanese PCI officials brought Si's wrongdoing to light while they were standing trial in Tokyo on November 11, 2009. During the proceedings, they claimed to have offered a total of $820,000 in bribes.

So far, Si, who is currently serving a six-year jail term for "abuse of power," has only stood trial for his acceptance of $262,000 in bribes, because the investigatory deadline had passed.

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Monday, November 22, 2010

HCMC court gives life sentence to former official

Ho Chi Minh City People’s Court on Monday delivered the life sentence to Huynh Ngoc Si, former deputy director of the HCMC Transport Department and director of the Japan-funded East-West Highway and Water Environment projects.

The judges said Si took bribes worth US$262,000 from officials of the Japanese company Pacific Consultants International (PCI).

According to the indictment of the HCMC People’s Procuracy, PCI officials agreed to pay bribes in order to win a bidding package for supervision and consulting services of the East-West Highway project.

Si was ordered to pay the money back, with two of his houses would be seized as well.

The judges said his act had seriously affected the reputation of Vietnamese authorities in implementing ODA-funded projects.

The severe punishment for him will assure the public’s confidence in the fight against corruption of the Party and State, according to the judges.

The court also asked the prosecution agency to further investigate the case to find whether Si took more than $2 million from PCI executives as previously stated in their testimonies.

Si is already serving a six-year jail term for “abuse of power” conviction. He was sentenced to three years in September last year for pocketing $2,900 in office rent to PCI. In March this year an appeals court increased his jail term to six years.

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Monday, November 8, 2010

Woman receives life for property fraud

HCM CITY — The HCM City People's Court on Wednesday handed down a life sentence to a woman involved in a bribery and property-scam case in Go Vap District.

The woman, Pham Thi Tuyet Lan, 52, a property speculator, and some officials of Go Vap District, had appealed against their previous sentences handed down by a lower court four months ago.

The appeals court on Wednesday said Lan had offered bribes totalling VND2.5 billion (US$128,000).

The lower court had sentenced her to 25 years' imprisonment, but the appeals court increased her sentence, saying that she had refused to admit guilt and blamed paperwork for errors.

In June, the lower court had sentenced Tran Kim Long, ex-chairman of the Go Vap District People's Committee, to 26 years in jail for bribery and abuse of power, and Nguyen Van Tinh, former secretary of the district's Party Committee, to 13 years for abusing power.

The court at that time did not address the case of accepting brides by Tran Kim Long.

The appeals court on Wednesday said Long was charged with taking a VND540 million ($27,600) bribe, giving bribes of VND20 million ($1,000) and $30,000, and abuse of power. The appeals court also commuted Tinh's earlier sentence from 13 to 11 years in prison.

Tinh showed repentance and admitted his guilt during the appeal proceedings, said to the court.

The court also decided to reduce the sentence because Tinh is seriously ill. According to the court's verdict, between 2000 and late 2002, Lan in co-operation with some local officials illegally acquired 11 hectares of public land and sold them at inflated prices to State-owned Go Vap Construction Co. They pocketed the difference between the official and inflated prices, estimated to reach VND16.6 billion ($850.000).

The court said Long had received VND540 million ($27,600) from Lan in exchange for illegally selling 11ha of public land to her between 2000 and December 2002. — VNS

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Sunday, August 29, 2010

Former district head sentenced to 26 years in jail

Former district head sentenced to 26 years in jailA court in Ho Chi Minh City Friday handed down a 26-year-jail term to the former head of Hoc Mon District for accepting VND1.4-billion (US$71,942) in bribes and abusing power to approve two infrastructure projects.

Nguyen Van Khoe was also found guilty of abusing his official capacity to influence others and appropriate property.

Previously prosecutors had said the former of Hoc Mon People’s Committee may face the death sentence for the charges filed against him.

Khoe was convicted of receiving bribes from Tran Thi Ha, former director of Thanh Phat Company and her deputy Ha Van Hoa to approve a housing estate and an industrial zone in the district’s Dong Thanh Commune in late 2002 and early 2003.

He also asked them for cash and gifts worth a total of $15,000 and VND780 million ($40,082) to bribe other officials to secure the approval, despite the fact that Thinh Phat didn’t have the financial capability to build them, the trial heard.

Tran Van Te, former chairman of Dong Thanh People’s Committee, was sentenced to 13 years in prison also for power abuse and receiving bribes.

Duong Minh Trung, former chief of Hoc Mon District Division of Planning and Investment, and Nguyen Van Do, another former official from Dong Thanh Commune, were given seven year imprisonment and three year suspended sentence respectively for abuse of power.

Dang Cong Danh, former director of Danh Khoa Company, meanwhile, received eight years for brokering bribes between Khoe and the husband and wife team of Ha and Hoa.

According to the court, with approval for the two projects, Ha and Hoa also secured loans of 3,000 taels (approximate 3,600 ounces) of gold and VND18 billion from the Cho Lon Branch of the Vietnam Bank for Agriculture and Rural Development (Agribank).

The scheme was a scam with the bank as the victim, the HCMC People’s Court said, sentencing the married couple to life for “offering bribes” and “committing fraud to appropriate properties.”

Ha and Hoa were ordered to pay back the loans as compensation to Agribank, but as the bank didn’t claim the compensation at the trial, the gold and money would be transferred to the state budget, the court said.

The court also handed down a 12-year jail term to Tran Van Tuyen, former director of the bank’s branch for violating lending regulations.

Tuyen’s subordinate, Luu Thi Minh Hieu, was given 10 years on the same charges, while Nguyen Cong Dinh, a bank employee, was sentenced to seven years in prison for receiving bribes.

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Saturday, August 28, 2010

Former district head sentenced to 26 years in jail

Former district head sentenced to 26 years in jailA court in Ho Chi Minh City Friday handed down a 26-year-jail term to the former head of Hoc Mon District for accepting VND1.4-billion (US$71,942) in bribes and abusing power to approve two infrastructure projects.

Nguyen Van Khoe was also found guilty of abusing his official capacity to influence others and appropriate property.

Previously prosecutors had said the former of Hoc Mon People’s Committee may face the death sentence for the charges filed against him.

Khoe was convicted of receiving bribes from Tran Thi Ha, former director of Thanh Phat Company and her deputy Ha Van Hoa to approve a housing estate and an industrial zone in the district’s Dong Thanh Commune in late 2002 and early 2003.

He also asked them for cash and gifts worth a total of $15,000 and VND780 million ($40,082) to bribe other officials to secure the approval, despite the fact that Thinh Phat didn’t have the financial capability to build them, the trial heard.

Tran Van Te, former chairman of Dong Thanh People’s Committee, was sentenced to 13 years in prison also for power abuse and receiving bribes.

Duong Minh Trung, former chief of Hoc Mon District Division of Planning and Investment, and Nguyen Van Do, another former official from Dong Thanh Commune, were given seven year imprisonment and three year suspended sentence respectively for abuse of power.

Dang Cong Danh, former director of Danh Khoa Company, meanwhile, received eight years for brokering bribes between Khoe and the husband and wife team of Ha and Hoa.

According to the court, with approval for the two projects, Ha and Hoa also secured loans of 3,000 taels (approximate 3,600 ounces) of gold and VND18 billion from the Cho Lon Branch of the Vietnam Bank for Agriculture and Rural Development (Agribank).

The scheme was a scam with the bank as the victim, the HCMC People’s Court said, sentencing the married couple to life for “offering bribes” and “committing fraud to appropriate properties.”

Ha and Hoa were ordered to pay back the loans as compensation to Agribank, but as the bank didn’t claim the compensation at the trial, the gold and money would be transferred to the state budget, the court said.

The court also handed down a 12-year jail term to Tran Van Tuyen, former director of the bank’s branch for violating lending regulations.

Tuyen’s subordinate, Luu Thi Minh Hieu, was given 10 years on the same charges, while Nguyen Cong Dinh, a bank employee, was sentenced to seven years in prison for receiving bribes.

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