Death sentences upheld for Duong Chi Dung and Mai Van Phuc.
The court ruled that the highest possible penalty was necessary to serve as a deterrent and sentenced Duong Chi Dung and Mai Van Phuc to death.
After nearly seven days of deliberation, at 2 PM on May 7th, the appellate court announced its verdict against nine defendants in the case of "Embezzlement of assets" and "Intentionally violating State regulations on economic management causing serious consequences" at the Vietnam Maritime Corporation (Vinalines).
The presiding judge was Mr. Nguyen Van Son - Judge of the Supreme People's Court, along with two other judges, Nguyen Duc Nhuan and Pham Thi Minh Thu.
Nine defendants were present in court. Sixteen lawyers participated in defending the defendants, including three lawyers for Duong Chi Dung and two lawyers for Mai Van Phuc.
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| The defendants at the appeal hearing on May 7th. |
Also attending the trial were representatives from various ministries and agencies, including the Ministry of Finance; the Vietnam Register; the Ministry of Transport; the Maritime Bank; witnesses; civil plaintiffs; and other parties with related obligations.
At the appellate trial, for the two defendants who played key roles in the case, Duong Chi Dung and Mai Van Phuc, the representative of the Supreme People's Procuracy requested that the death sentence be upheld. For the defendants belonging to the Customs group, the Procuracy requested that their sentences be mitigated.
Previously, following the first-instance trial, 9 out of 10 defendants in the Vinalines corruption case filed appeals seeking reduced sentences, with two defendants, Duong Chi Dung and Mai Van Phuc, claiming innocence.
In this afternoon's sentencing, regarding the charge of "Intentionally acting against regulations...", the panel of judges found that Vinalines' approval of the ship repair factory was inconsistent with the industry's development and the government's directives... The direct and overarching responsibility rests with Duong Chi Dung and Mai Van Phuc, while the other defendants bear related responsibility.
When purchasing the 83M floating dock, the defendants did not comply with the regulations of the bidding law. Regarding the government document on direct contracting that the lawyers presented, it was a direct contracting for certain construction items of the project, Presiding Judge Nguyen Van Son affirmed.
Even without complete documentation, the defendants authorized the disbursement of $9 million USD to bring the 83M floating dock to Vietnam…
Based on the reasons presented in the conclusion, the panel of judges affirmed that the claims of innocence and only admitting to negligence were unfounded and unacceptable.
The damages caused by the defendants in this case amounted to nearly 367 million VND. The prosecution for the crime of "Intentionally acting against the law..." is not unjust.
Regarding the charge of "Embezzlement of assets," the panel of judges found that the agreement with Mr. Goh for the sum of 1.67 million USD must have been directed by Dung and Phuc, and Tran Hai Son was acting on the instructions of these two defendants because "Son had a good relationship with Phuc and Dung."
The results of the judicial assistance also confirmed that AP Company was merely a brokerage firm profiting from the difference in the sale of the 83M floating dock. The contract between AP Company and Nakhodka Company for the sale of the 83M floating dock was drafted by GS Company. Mr. Goh – Director of AP Company – signed a letter of credit for $1.67 million USD to Phu Ha Company, managed by Tran Thi Hai Ha, the sister of Tran Hai Son.
The trial court concluded that defendants Dung and Phuc were the masterminds in the embezzlement scheme, which is consistent with their roles and responsibilities within Vinalines.
The court also affirmed that the $1.67 million transferred to Phu Ha Company was state money. The defendants' charges of embezzlement are well-founded.
However, the fact that Tran Thi Hai Ha signed forged documents to help the defendants embezzle $1.67 million, and received 2 billion VND herself, without being prosecuted by the investigating agency, shows signs of overlooking a crime.
The court's conclusion also affirmed that Son's testimony about transferring embezzled funds to the defendants was supported by witness testimonies and bank transactions.
The fact that Son has not yet been able to withdraw money using his ID card could be due to an oversight on the part of the bank. Son's inability to remember details about Phuc's house and the number of transactions is consistent with reality, given that the incident occurred quite some time ago.
The lower court's conclusion that Son and Dung each received 10 billion VND is well-founded. The receipt of 340 million VND by Tran Huu Chieu is also substantiated…
The damages caused by the defendants could amount to 500 billion VND. Therefore, the panel of judges believes that a severe prison sentence is necessary for the defendants.
Accordingly, the panel of judges upheld the death sentence for defendants Duong Chi Dung and 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 – concerning the house on Nguyen Hong Street. The panel of judges also partially accepted the appeal of Ms. Thao – Duong Chi Dung's mistress – concerning the apartment in Sky City.
Regarding the appeal of Ms. Ngo Thi Van – the wife of Mai Van Phuc, the panel of judges determined that the seizure of real estate assets in Ha Long City did not affect Ms. Van's rights.
The appellate court's verdict against the defendants:
Duong Chi Dung - former Chairman of the Board of Directors of Vinalines - former Director of the Maritime Department, Ministry of Transport: Sentenced to death.
Mai Van Phuc - former General Director of Vinalines: Sentenced to death.
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 Transport Company Limited, a subsidiary of Vinalines: 7 years in prison.
Le Van Duong - former vehicle inspector at Sub-Department No. 6, Vietnam Registering and Inspection Agency: 7 years imprisonment.
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 team leader of the operational team of Van Phong Customs Sub-department, Khanh Hoa: 6 years imprisonment.
According to VOV



