Former Hai Phong Police Director Do Huu Ca denied the accusation of embezzling 35 billion VND or agreeing to pay a fine, while the person who gave the money affirmed that he accepted it because he promised to help "escape the law".
This morning, presenting the appeal content at the appeal session opened at the headquarters of the People's Court of Quang Ninh province, former director of Hai Phong Police Do Huu Ca stated that he "did not understand why" Truong Xuan Duoc and his wife wrote a petition accusing him of appropriating 35 billion. He considered Duoc as a real brother, "if he did not have money to give, then that's fine, but he could not have appropriated this person's money in such a silly way".
According to Mr. Ca, when Duoc fled because he was being investigated by the Quang Ninh Provincial Police for tax evasion, his wife Ngoc Anh came to his house to ask for help in finding a way to save her husband. When he learned that the company's revenue was 200 billion VND and that Duoc illegally earned 10% by buying and selling invoices, Mr. Ca told Ngoc Anh to immediately prepare the amount of money he had embezzled and an additional amount to cover the consequences.
"I gave specific instructions but did not tell Ngoc Anh to bring the money to my house and did not say to take it to escape punishment. I asked him to bring the money to pay for the crime and then turn Duoc in, at most he would go to jail for a few months," Mr. Ca testified before the High People's Court.
Mr. Ca confirmed that the four times Ngoc Anh and his wife brought money, they "ran around" and threw the money bag into the house, telling them to put it away. "I don't know the total amount of money and I didn't see if there was real money in it or not, I only heard Ngoc Anh and his wife say it was money."
When the money transfer was investigated, Quang Ninh Provincial Police came to his house to "count and announce that it was 35 billion", he immediately handed over the entire amount, the former Hai Phong Police Director declared and said he did not touch these packages of money.
Before Mr. Ca's testimony, the judge asked: Why did Mr. Ca and Mr. Duoc consider each other as blood brothers, have no grudges, and do nothing wrong, so how could they send each other to jail? Mr. Ca replied: "I don't understand why they were accused."
This morning, Mr. Ca stated that he did not take the money to pay for the case or embezzle the money, but he did not plead guilty and only wanted his sentence reduced. "The defendant realized that leaving the money in the house for three months was a crime," Mr. Ca said before the appeal court.
When confronted, Ngoc Anh and her husband admitted that they proactively sought Mr. Ca's help to escape the law and gave him money.
Mr. Duoc said if Mr. Ca did not agree to help with the case, he would not have brought the large sum of money. "He did not want to say it out loud, but saying it again would be painful. The truth is the truth."
The appeal hearing was opened by Mr. Ca, along with defendants Duoc, Ngoc Anh, Nguyen Dinh Duong (former head of the Cat Hai District Tax Department), Dang Khac Thanh, and Ha Thi Nhan, appealing for a reduction in their sentences. The remaining 7 defendants accepted the first instance verdict and did not appeal.
During the trial that lasted more than 3 hours, the Trial Panel determined that the defendant Ca initially did not admit to receiving money to fix the case, but later understood and admitted his guilt, had many mitigating circumstances, had received many requests for a sentence reduction from many agencies, was old and had an illness. The defendant had paid the full 35 billion VND received from the Duoc couple and also paid 1.1 billion VND on behalf of these two people to remedy the consequences, so there was a basis for a sentence reduction.
Defendant Duoc was only considered for a reduced sentence for the crime.BriberyBecause he confessed honestly, the crime had not been committed. The other defendants all had mitigating circumstances, so there was enough basis for a reduced sentence.
The appellate court decided to partially change the first instance judgment, sentencing defendant Ca to 7 years in prison, reduced by 3 years; defendant Duoc to 7 years in prison, reduced by 2 years. Ngoc Anh was sentenced to 3 years and 3 months in prison; Duong to 5 years; Thanh to 15 months in prison. Nhan was sentenced to 12 months and 5 days in prison, released at the court due to having served enough time.
On April 12, the People's Court of Quang Ninh province sentenced Mr. Ca to 10 years in prison for the crime ofFraudulent appropriation of property; Sentenced to 9 years, Ngoc Anh to 4 years and 6 months for the crimeBuying and selling invoices; documents for payment to the state budgetandBribery; 6 years and 6 months oldTake bribes; Thanh and Nhan 15-18 months in prison for the crimeIllegal trading of invoices and documents for payment to the state budget.