One week of trial of defendant Dinh La Thang and accomplices: Apologies!
The proposed sentence for each defendant was given by the People's Procuracy. The defendants also defended themselves. Many defendants apologized.
The trial of the case of intentionally violating State regulations on economic management causing serious consequences and embezzlement of assets occurring at the Vietnam Oil and Gas Group (PVN) and the Vietnam Oil and Gas Construction Joint Stock Corporation (PVC) took place almost a whole week (from January 8-14), including Saturday and half a day of Sunday.
Contracts put leaders and subordinates in legal trouble
The key to the case of Intentional Violation stems from the EPC contract No. 33 signed by the Oil and Gas Power Corporation - PVPower with PVC in the form of designated bidding for the Thai Binh 2 Thermal Power Plant project.
According to the records and proceedings at the trial, the defendants all admitted that this was a contract lacking legal basis but was still signed. Later, the subject was transferred to PVN and replaced with contract 4194, however, this contract was still considered incomplete.
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| 22 defendants stand trial for intentional violations and embezzlement. Photo: VNA |
The indictment of the Hanoi People's Procuracy stated that while the revised investment project had not been approved; there was no FEED design, total estimate, construction drawing design, request documents, bidding documents and a series of other related legal procedures, defendant Dinh La Thang still directed his subordinates to sign EPC Contract No. 33 dated February 28, 2011 and Subject Conversion Contract No. 4194 dated May 13, 2011 with a value of up to 1.2 billion USD.
According to the representative of the People's Procuracy, the signing of these contracts was actually only for the purpose of taking money from PVN to transfer to PVC, which was drowning in debt. In less than 10 days from May 23-31, 2011, through the request for advance payment, PVC withdrew from PVN 1,000 billion VND out of the total 1,312 billion and 6.6 million USD in advance payment against regulations, then PVC used the money for the wrong purpose, amounting to 1,115 billion VND, causing a loss of more than 119 billion VND to PVN.
At court, the defendants, former leaders of PVN (Dinh La Thang, Phung Dinh Thuc, Nguyen Quoc Khanh, Nguyen Xuan Son) stated that due to lack of inspection and supervision, and the subordinates not reporting, they did not know in time about the violations of contract 33. The defendants themselves did not have direction to sign the contract because of clear decentralization and delegation of authority within the group, but admitted the responsibility of the leader.Those who directly negotiated and signed the contract stated that due to pressure from superiors, the content was only a "temporary contract" and in reality the contract was not yet effective.
However, the Hanoi People's Procuracy believes that there is sufficient basis to confirm the defendants' criminal acts and proposes sentences of 10 to 15 years in prison for the defendants who are former leaders of PVN, 5 defendants are proposed to receive suspended sentences, and the remaining defendants are proposed to receive sentences of 17 months to 19 years in prison.
Apologies and requests for leniency
"The defendant apologizes to the Party, the people, and to generations of oil and gas industry workers and officials, and apologizes to the industry's tradition for his mistakes," said Mr. Dinh La Thang in his defense before the court.
The defendant said that throughout the investigation process he felt tormented and guilty towards the Party, the State and his subordinates.If he had been less drastic and taken the time to check and control, there would probably not be a trial today.
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| At the end of his self-defense, defendant Dinh La Thang apologized to the Party, the people, and to generations of oil and gas workers. Photo: VNA |
Referring to many other subordinates, defendant Dinh La Thang said it was truly painful because they did not seek personal gain.
Presenting in court, defendant Trinh Xuan Thanh - former Chairman of PVC Board of Directors also admitted that he "felt guilty towards Mr. Thang and the leaders" and that he did not want to blame his subordinates, but the law is still the law.
Witnessing many leaders of PVN standing in court, defendant Phung Dinh Thuc - former General Director of PVN said he was extremely heartbroken. Deputy General Director Nguyen Xuan Son also expressed remorse, asking to take responsibility for his subordinates such as defendants Le Dinh Mau and Ninh Van Quynh because these people were only following instructions.
Standing before the witness stand, defendant Pham Tien Dat - former Chief Accountant of PVC, repeatedly wiped away tears as he asked the People's Court and the People's Procuracy to consider reducing the sentences for some of his superiors, such as Nguyen Ngoc Quy and Truong Quoc Dung.
“The defendant accepts responsibility for his actions and contributing to wrongdoing, implicating the group’s leaders. I apologize to Mr. Phung Dinh Thuc and the group’s leaders for being implicated because of my actions. I hope you will sympathize with my position,” Pham Tien Dat said in court.
The defendants all hope to receive leniency in sentencing. Presenting their opinions in court, the representative of the civil plaintiffs PVN and PVC also respectfully requested the panel of judges to reduce the criminal liability of the defendants.