Deliberations in the privatization file of the Food and Research Institute (ICA), called the "Telepathy" case file lasted for two days. During the dozens of hours of hearings, the trial was interrupted several times, the judges of the Court of Appeal dismissed all claims formulated by the defense attorney one after the other.
Monday: the magistrates refused to hear Traian Basescu and former ministers of Agriculture, Dacian Cioloş and Ilie Sarbu, although they played an important role in this case and could have provide conclusive data. The request for the hearing of the daughters of Dan Voiculescu was also rejected, and of the current Minister of Agriculture, too. The Court did not find it relevant to hear all persons who were involved in some way in the privatization of the Institute of Food Research.
Dan Voiculescu’s defense attorney asked the recusal of the bench because Judge Bogdan was incompatible since she spoke out related to the referral from the Constitutional Court on the extent of sequestration. This request was rejected, too.
Of all the requests submitted by the defense, the court admitted only one. Namely to allow the submission to the file of documents showing that the money was obtained legally.
The Magistrates of the Court of Appeal rejected the claim made by one of the lawyers of the defendants in the ICA file on suspending the trial. That despite the fact that the way the authorities have imposed a levy on the properties of others, including that of the Voiculescu’s family is contrary to European standards. Lawyer Maria Vasile notified the European Court of Justice in Luxembourg in this respect. In his turn, lawyer Gheorghiţă Mateut asked the court to notify the CCR and the High Court related to the appeals against the precautionary measures taken. The request was rejected.
Tuesday, upon arriving at the Court of Appeal, Dan Voculescu said that "I have nothing to do with money laundering. I told the judge too that I made a donation, under the circumstances where there was an order not to prosecute which proves that the privatization was legal. "Also the founding president of the Conservative Party said that he is not afraid of what will happen: "When you go into such a battle with your country’s president, who has all the levers, the secret services, the battle is hard”.
Lawyer Gheorghe Mateut asked again the court to change the legal classification of the money laundering charge into a charge of concealment. Also Mateuţ said he had two reasons to call for the abolition of the sentence given by the First Instance and to resend the file for trial.
"The composition of the judges panel is illegal. The file does not contain the decision on the formation of the panel of judges nor of the random distribution. The introduction of the Ministry of Agriculture as civil party is also illegal, " lawyer Mateuţ said.
Layer Mateuţ: „ I ask you to analyze the contradictions between the statements expressed in the ministry in terms of its position as a civil party".
„ADS sent an address that says that the whole process of privatization of ICA was conducted according to legal procedures, " Mateuţ said.
Lawyer Mateuţ requested the exclusion from trial of the following evidence that were obtained illegally: the technical-scientific report, the inclusion of the supplement to this report, and the report. "These documents were made before the prosecution started, and evidence is usually obtained after the prosecution started ", Gheorghiţă Mateuţ motivated his request .
There is no evidence to show that Dan Voiculescu intervened, but they only considered the position he was holding back then. Dan Voiculescu had no involvement in decision making " Mateuţ said.
"The prosecutor had his mind set on involving Dan Voiculescu in this case, although there is no evidence to that effect ," lawyer Gheorghiţă Mateuţ says.
"There is no evidence showing that the privatization contract would have been concluded in breach of the law. Dan Voiculescu did not have access to data presented in the privatization file. There is a confidentiality agreement that only delegates had access. Shareholders are third parties they do not have access to this information ", the lawyer said. Moreover, he added that" there is no evidence to prove that Dan Voiculescu wanted to obtain for himself any shares by successive capital increases . "Meanwhile, Mateuţ added that" GRIVCO did not commit to paying the debts of ICA or borrow it , as wrongly noted in the indictment. "
During the show "On today’s agenda", on Antena 3, journalist Adrian Ursu state that Traian Băsescu was trying to cover up his legal issues with Nana with the story in the "Telepathy file ".
In his turn, Prime Minister Victor Ponta said in a response to a television channel that President Traian Basescu is trying to put pressure on the court, through the fact that he is publicly pronpuncing in the case of Dan Voiculescu on the very day the court judges the case .
Dan Voiculescu said that the indictment is invalid, it is not based on any material evidence, a story concocted by a prosecutor with talent, but not a writer’s talent by a prosecutor’s talent. Also the founding president of the Conservative Party said that the indictment is based on false document and not on direct evidence. Regarding the illegal capital increase, Voiculescu said, "We proved that the money was legal. Prosecutors argued that I, by increases, I wanted to take 90% of ICA. Through GRIVCO, I had 100%. What would have been the meaning of money laundering when I had 100%? ".
The court’s verdict is pending. The defense must submit by Thursday the written conclusions, then a new deadline will be set.