National Court acquits Defex in the piece on illegal commissions to authorities in contracts with Cameroon

It sentences its commercial director Manuel Iglesias-Sarriá to two years in prison for corruption in international commercial transactions

MADRID, 28 Feb. (EUROPA PRESS) -

The National Court has acquitted the semi-public arms company Defex in the trial that has been followed by the awards of the Government of Cameroon between 2005 and 2013 in exchange for commissions and bribes to authorities and officials for the supply of defense and security material. On the other hand, the court does sentence the former commercial director Manuel Iglesias-Sarriá to two years in prison.

In the sentence, to which Europa Press has had access, the Third Section of the Criminal Chamber indicates that he is convicted of a crime of corruption in international commercial transactions with the mitigation of undue delay, while it acquits him of false documentary , embezzlement of public funds and money laundering.

The Chamber agrees to impose the same sentence of two years in prison for the same crime on the president of Aresa Marine SL --the company subcontracted by Defex for certain jobs--, Óscar López i Salvadó. In addition, it condemns that company for the crime of corruption in international commercial transactions to the payment of a two-year fine with a daily fee of 30 euros.

However, the court acquitted of all the crimes that were attributed to the commercial director of the company Deimos Space SLU, Francisco Luque, and to that company.

Likewise, the Chamber understands, with respect to the crime of money laundering, that it has not been proven that when making payments in favor or delivery of gifts to the authorities of the Republic of Cameroon or to persons close to them, they carried out any of the conducts that provides for the aforementioned criminal offense.

In the same way, it rules out that the proven facts fit into the crime of embezzlement of public funds in force at the time of the commission of the facts, since the money allegedly embezzled would not be that of the public company Defex but that of a bank from private law financing the projects developed in Cameroon. He also dismisses that the behaviors examined could fit into a crime of documentary falsification.

Regarding the mitigation of undue delay, the court indicates that it applies it although it understands that the investigation of the facts was complex, an international investigation being carried out that required the issuance of letters rogatory abroad, so it cannot be said that the delay in the finalization of the cause and celebration of the plenary was improper.

However, he qualifies, "the extraordinary delay of the procedure justifies (...) the appreciation of this circumstance of mitigation, even if it is simple, and its consequent assessment when determining the penalties."

The Chamber acquits Defex, currently in liquidation, of the crimes of corruption in international commercial transactions and money laundering. The magistrates consider that the facts subject to prosecution are limited to the years 2005 to 2013 in which the public company carried out commercial operations with the Government of the Republic of Cameroon for the supply of goods for the defense and security of that country.

For the magistrates, although it is alleged by the accusation that the period of execution of one of the commercial operations was prolonged, the facts subject to prosecution 'strictu sensu' ended in September 2014, that is, before the entry into force of the reform that introduced the extension of the criminal liability regime to state mercantile companies.

"For this reason, without going into the study of whether the requirements and circumstances that would make it possible to be considered criminally responsible for the facts imputed to it in the event of not having the public character recognized by all parties, the pronouncement to be issued regarding of this public company on the accusation formulated against him must be acquittal", they conclude.

The Chamber understands that it has not been proven that the facts subject to the condemnation have caused economic damage to the Defex company or its majority shareholder SEPI, the only legal or natural persons for whom compensation was requested, therefore it will not be appropriate in this case to make any condemnatory pronouncement for civil liability ex delicto.

The judgment also analyzes all the contracts under investigation and concludes that in the so-called section B (naval sector/vector) of the PRE174 Project, Iglesias-Sarriá, as representative of Defex, and Óscar López, for the benefit of the subcontractor Aresa Marine SL, "they paid different expenses of favor or gifts to officials or authorities of Cameroon and people close to them to ensure their good will and help in the achievement and maintenance of the execution of the signed contracts."

On the other hand, it points out that "it has not been proven" that the money paid by Defex or its subcontractors to the intermediary Philippe Bourcier or to the companies controlled by him was used to pay gifts or non-contractual favors to Cameroonian government officials or authorities. From what he understands that it could simply be the payment for the facilitation and agency services provided by him.

Regarding the payments of Iglesias-Sarriá and Aresa, the resolution indicates, they were destined for gifts such as trips, hotel stays and cosmetic surgery operations for the wife of a high-ranking official of the Government of Cameroon, payments borne by Defex as the main contractor.

Remember that this contract included the supply of boats for the maritime surveillance of the coasts of the Republic of Cameroon: delivery of a series of spare parts and accessories for the repair of boats and a training course both in Spain and in Cameroon.