Many PVN bosses confessed that they "knew it was wrong but still had to follow orders"
Citing many testimonies, the lawyer said that knowing Mr. Dinh La Thang's "do it now, do it right away" personality, many PVN bosses, even though they knew it was wrong, still had to follow "orders".
The first-instance trial of Mr. Dinh La Thang entered its sixth working day this morning. Early in the morning, Mr. Trinh Xuan Thanh sat in the front row with a bright face, always looking at his son, waving and signaling.
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At the trial on the morning of January 13, defendant Trinh Xuan Thanh sat in the first row.Photo: VNA |
Continuing with the debate, lawyer Le Dinh Ung defended Mr. Nguyen Xuan Son (former deputy general director of Vietnam Oil and Gas Group - PVN). Mr. Son was prosecuted during the implementation of the Thai Binh 2 Thermal Power Plant project, knowing that the 33 contract was signed illegally but still signed to provide an advance payment of 6.6 million USD and more than 1,300 billion VND to PVC Oil and Gas Construction Joint Stock Corporation. When he had the money, PVC Chairman Trinh Xuan Thanh and his subordinates misused it, causing a loss of more than 119 billion VND to the state.
Proposed sentence for Mr. Dinh La Thang and 21 accomplices
Specifically, the sentences proposed by the representative of the Hanoi People's Procuracy for Mr. Dinh La Thang, Trinh Xuan Thanh and 20 other defendants in the case of "Intentional Violation" and "Asset Embezzlement" at PVN and PVC.
The lawyer said that the Thai Binh 2 Thermal Power Project was established before Mr. Son held the position of Deputy General Director of PVN, so he did not know that Contract 33 was signed illegally, and did not participate in the negotiations or bidding. Moreover, this project was assigned to another Deputy General Director, Mr. Nguyen Quoc Khanh. PVN also established a separate steering committee on electricity and coal, specializing in monitoring the project with two Deputy General Directors in charge. Therefore, if Contract 33 had errors, no one had to report to Mr. Son and he did not need to know about it.
According to the lawyer, Mr. Son's granting of advance capital and reminding the management board to grant advance to PVC was done according to the plan of the PVN Board of Members. Mr. Son's approval of money transfer in this activity was only "from one pocket to another", not outside of PVN. Moreover, thisunder the direction of the General Director of PVN and other Deputy General Directors.
Because of these instructions, Mr. Son signed the document to grant the advance payment. He also signed the document directing the project management board to use the money for the right purpose.requested to "report to the corporation if there are any problems" but then received no report.
In particular, PVC requested to provide 120 million USD, equivalent to 10% of the contract value, but Mr. Son only agreed to provide 6% with more than 6.6 million USD and 1,300 billion VND.
Regarding the VND1,115 billion that PVC misused, the lawyer said that it was PVC's responsibility, not the parent company PVN's. Thus, according to the lawyer, the prosecution of Mr. Son for intentionally violating the law was "unconvincing", and requested the panel of judges to consider applying all mitigating circumstances to Mr. Son.
According to lawyer Le Dinh Ung, during the investigation, Mr. Son confessed honestly, creating conditions for the investigation agency to quickly conclude the case, and repented. "With Mr. Thang's personality and character of 'do it right away, do it right away', at that time seven years ago, I request the panel of judges to consider the case comprehensively," Mr. Son's lawyer concluded his defense.
Pressure to pay millions of dollars in advance to PVC
Opening the defense for the defendantLe Dinh Mau (former deputy head of PVN's accounting and auditing department) and Ninh Van Quynh (former chief accountant of PVN),Lawyer Do Ngoc Quang said that "it is truly heartbreaking that those who have contributed their whole lives to the Vietnamese oil and gas industry, when they are old or about to retire, have to stand before the bar.""Is it because they are too hasty and determined? If there are group interests, I request the Procuracy to point out who the interest groups are," the lawyer asked and answered himself that the defendants' motive for committing the crime was not for group interests at all, but was very pure.
Mr. Quang said that many of the defendants' testimonies at the trial showed that Mr. Dinh La Thang was very determined at that time to complete the Thai Binh 2 Thermal Power Plant. Citing information from a defendant's statement on May 13, 2011, the lawyer said that Thang once called Mr. Khanh and Mr. Son to scold: If you don't implement it, then go away. Whatever you do, you have to take care of the money for PVC.
Lawyer Quang continued to quote defendant Son's testimony: "After Mr. Dinh La Thang told me about taking care of the money, I was very worried. For me, it was an order that had to be done. The lawyer said that under that pressure, Mr. Son directed Mr. Quynh. Mr. Quynh knew clearly that contract 33 was not legally correct, but was threatened by his superiors "if you don't do it, stand aside" so he still had to comply.
The lawyer said that the amount of 1,115 billion VND that PVC had spent for the wrong purpose after receiving the advance payment has now been collected to more than 1,200 billion VND from many sources. "So why did the authorities use the financial assessment report to determine the damage results?", he said and said.The appraisal report of the case does not state the appraisal method to determine damages as prescribed by law.
The lawyer then asked the court to return the case file.
Former PVC general director declared before being prosecuted
Defending former PVC general director Vu Duc Thuan, lawyer Hoang Anh Tuan proposed adding three mitigating circumstances for his client, namely that he had made amends and confessed before the case was initiated.
According to the lawyer, Mr. Thuan was accused of directing the creation of fake documents to help embezzle 13 billion VND at the Vung Ang - Quang Trach Thermal Power Project, but in the documents there is no evidence to show that.
"In essence, the former deputy general director of PVC, defendant Nguyen Anh Minh, asked defendant Thuan to vote for approval of the items," Mr. Tuan said, and assessed defendant Thuan's role as an accomplice in this case as 'vague'.
Regarding compensation for damages, the lawyer said that he acted on behalf of the legal entity, for the benefit of the legal entity, not for personal gain. Therefore, the legal entity must be responsible for compensating for the consequences caused by the individual representing it. According to the lawyer, in this case, the legal entity PVC must be the defendant, not the civil plaintiff.