Judge Dan Lupaşcu from the Bucharest Court of Appeal (CAB), who was part of the judges panel in the case of Dan Voiculescu, argues that the magistrates who issued the decision in the case of ICA were in incompatibility, and he requests the cancellation of the ten years penalty.
"I think the judges who ruled the penal decision no. 888 / A / 8 August 2014 were in a state of incompatibility. I would like to specify beforehand that I do not agree with the representative of the Public Prosecutor in that the alleged case incompatibility cannot be subjected to censorship of another court, all the more so since they were raised before the appellate court, which ruled over them because we would be dealing with a "disguised appeal", which is unacceptable, "says judge Dan Lupaşcu in the reasoning for the decision to admit the appeal for annulment of Dan Voiculescu.
The magistrate points out that there are many elements to conclude that the suspicion of Dan Voiculescu is reasonable “as affecting the impartiality of judges who heard the case on appeal."
"The appellant’s fear is objectively justified by the conduct of the court of appeal. (...) It is not a singular act, an isolated act but a procedural conduct manifested during the hearings from 1 July 2014, July 7, 2014, August 4, 2014 and August 5, 2014, consisting of the adoption of solutions / measures which have generated distrust in the objectivity of the court, "concludes judge of the Court of Appeal.
On the other hand, judges Isabelle Tocan and Corina Cornelia Dăescu decided that Dan Voiculescu's request must be rejected, so that this decision was taken by majority vote.
"A judge confirms what we have said. Namely that one should not have necessarily studied law to find that it is impossible for the same panel of judges being challenged should rule the appeal targeting them. That the same panel which has been challenged should judge the challenge against them, " Adrian Ursu said in a telephone intervention on the show" it happens in Romania "on Antena 3.