Death sentence upheld for Duong Chi Dung and Mai Van Phuc

The panel of judges believed that the highest penalty needed to be applied to have a deterrent effect and sentenced Duong Chi Dung and Mai Van Phuc to death.

After nearly 7 days of deliberation, at 2:00 p.m. on May 7, the appellate court sentenced 9 defendants in the case of "Embezzlement of property" and "Intentionally violating State regulations on economic management causing serious consequences" occurring at Vietnam National Shipping Lines (Vinalines).

The presiding judge of the trial was Mr. Nguyen Van Son - Supreme People's Court Judge with two judges Nguyen Duc Nhuan and Pham Thi Minh Thu.

The 9 defendants brought to trial were present in court. There were 16 lawyers defending the defendants, of which Duong Chi Dung had 3 lawyers and Mai Van Phuc had 2 lawyers defending him.

Defendants at the appeal hearing on May 7

Also attending the trial were representatives of ministries and branches such as: Ministry of Finance; Department of Registration; Ministry of Transport, Maritime Bank, witnesses, civil plaintiffs and related persons with obligations.

At the appeal trial, the representative of the Supreme People's Procuracy proposed to maintain the death sentence for the two defendants who played a key role in the case, Duong Chi Dung and Mai Van Phuc. For the defendants in the Customs group, the Supreme People's Procuracy proposed to consider reducing the sentence.

Previously, after the first instance trial, 9/10 defendants in the Vinalines corruption case filed an appeal to reduce their sentences, including two defendants, Duong Chi Dung and Mai Van Phuc, who filed a petition for injustice.

In the sentencing this afternoon, regarding the crime of “Intentionally violating…”, the panel of judges found that Vinalines’ approval of the ship repair factory was not in line with industry development and not in line with the Government’s direction… The direct and continuous responsibility belongs to Duong Chi Dung and Mai Van Phuc, the other defendants have joint responsibility.

When purchasing the 83M floating dock, the defendants did not comply with the provisions of the bidding law. Regarding the Government document on bidding designation that the lawyers presented, it was the bidding designation of some construction items... of the project, Chairman Nguyen Van Son affirmed.

Without sufficient documents, the defendants still authorized the payment of 9 million USD to bring the 83M floating dock to Vietnam...

With the reasons given in the conclusion, the panel of judges affirmed: The reasons for claiming innocence and only admitting guilt for lack of responsibility are not acceptable.

The damage caused by the defendants in this case is nearly 367 million VND. The prosecution for the crime of “Intentionally violating…” is not unjust.

Regarding the crime of “Embezzlement of property”, the panel of judges found that the agreement with Mr. Goh for the amount of 1.67 million USD must have been directed by Dung and Phuc and Tran Hai Son was carried out under the direction of these two defendants because “Son has a good relationship with Phuc and Dung”.

The results of the mutual legal assistance also confirmed that AP Company was only a brokerage company to make a profit in the sale of the 83M floating dock. The contract between AP Company and Nakhodka Company in the sale of the 83M floating dock was drafted by GS Company. Mr. Goh - Director of AP Company signed a letter of credit of 1.67 million USD for Phu Ha Company - managed by Tran Thi Hai Ha - Tran Hai Son's sister.

The court of first instance concluded that the two defendants Dung and Phuc were the masterminds in dividing the embezzled money, which was consistent with their functions and powers over the defendants in Vinalines.

The panel of judges also affirmed that the amount of 1.67 million USD transferred to Phu Ha Company was state money. The defendants were prosecuted for the crime of embezzlement of property with grounds.

However, for Tran Thi Hai Ha, who signed a false contract to help the defendants embezzle 1.67 million USD, Ha herself received 2 billion VND without being prosecuted by the investigation agency, there are signs of letting criminals escape.

The conclusion of the panel of judges also affirmed: Son's testimony about transferring embezzled money to the defendants was based on witnesses and transactions at the bank.

The fact that Son's withdrawal using his ID card has not been successful may be due to the bank's negligence. Son's failure to remember Phuc's house details and the number of transactions to withdraw money are consistent with reality because the incident happened quite a while ago.

The court of first instance’s determination that Son and Dung each received 10 billion VND is well-founded. Tran Huu Chieu’s receipt of 340 billion VND is also well-founded….

The damage caused by the defendants could be up to 500 billion VND. Therefore, the panel of judges believes that a strict prison sentence is needed for the defendants.

Accordingly, the People's Court upheld the death sentence for defendant Duong Chi Dung and defendant Mai Van Phuc.

Regarding the appeal against the seizure of assets, the panel of judges partially accepted the appeal of Ms. Phuong – Dung’s wife regarding the house on Nguyen Hong Street. The panel of judges also partially accepted the appeal of Ms. Thao – Duong Chi Dung’s mistress regarding the apartment at Sky City.

Regarding the appeal of Ms. Ngo Thi Van - Mai Van Phuc's wife, the panel of judges determined that the seizure of real estate assets in Ha Long City did not affect Ms. Van's rights.

Appeal judgment for the defendants:

Duong Chi Dung - former Chairman of the Board of Directors of Vinalines - former Director of the Maritime Administration, Ministry of Transport: Death penalty

Mai Van Phuc - former General Director of Vinalines: Death penalty

Tran Hai Son - former General Director of Vinalines Ship Repair Company Limited: 22 years in prison

Tran Huu Chieu - former Deputy General Director of Vinalines: 19 years in prison

Mai Van Khang - former Deputy General Director of Vinashin Ocean Shipping One Member Co., Ltd., a member of Vinalines: 7 years in prison

Le Van Duong - former Inspector of Inspection Sub-Department No. 6, Vietnam Register: 7 years in prison

Huynh Huu Duc - former Deputy Head of Van Phong Customs Branch, Khanh Hoa: 6 years in prison

Le Van Lung - former officer of Van Phong Customs Branch, Khanh Hoa: 6 years in prison

Le Ngoc Trien – former Captain of the Van Phong Customs Branch, Khanh Hoa: 6 years in prison/.

According to VOV