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Insidecostarica.com - San José, Costa Rica  -       Tuesday 06 February 2007

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Brothers Trial Begins, Public Interest Is Minimal
The long awaited day in court began yesterday, as Osvaldo Villalbos Camacho, sat patiently at the defendants table as chief prosecutor, Walter Espinoza and his assistants, read to the court justices the prosecution's version of facts in the case.

At 8:00am sharp the trial against Ofinter and The Brothers commenced following the police action of 2002.

The judges in the case are Isabel Porras (president of the court), Juan Carlos Pérez and Manuel Rojas. Judge Jeanette Villalreal has been appointed as an alternate judge, sitting to the right of the judicial panel, taking in the proceedings in the event one of the judges in the trial is incapacitated and she has to take that place.

The trial is being held in the Organismo de Investigación Judicial (OIJ) auditorium - the middle of the three judicial buildings in downtown San José, a room for a capacity of 600, with its wood paneled walls and ceilings, where the stage was converted into a judicial courtroom.

The use of the auditorium was in the expectation of a large crowd with an interest in the trial. However, only about 25 people were in the audience from the start to before lunch break and then only a handful were on the hand for the afternoon session.

The trial is expected to take between four and six months and will probably be moved in the coming weeks to a normal courtroom is the auditorium continues to be empty of spectators.

The first day of trial meant the reading of the facts into the court record. The court reporter consists of a audio/video technician that operates the cameras and sound recording system that becomes part of the court record. Since the process is being digitally recorded and the court reporter only is there to ensure that equipment works, documents have to be first read in its entirety to the court before they can be admitted.

The reading of the facts that will be used by prosecution in detailing its case against Osvaldo Villalobos Camacho is expected to take several days and no surprises are expected.

witnesses, both for the prosecution and the defense, under Costa Rican judicial procedures, are not allowed into the courtroom until after they have given their testimony. A court officer at the door asks visitors for their interest in the case, the reason for their attendance and if they are a testimony witness to the proceedings.

Court rules prohibit the taking of photographs during the proceedings and this media was warned by the court officer of criminal charges in the event any fotos taken were subsequently published. However, the Spanish television media was allowed to take video of the event and broadcast them, including the faces of the accused, Osvaldo Villalobos Camacho, who was shown on national television with a smile on his face as his lawyers listened intensely to the reading of the prosecution's version of the facts.

In addition to the prosecution lawyers, a number of civil action lawyers representing their clients in civil (monetary only) actions were present and all with the exception of one, were dismissed by the court president following their request that they should not be required to attend the proceedings. Defense lawyers objected the court decision, which was duly noted, and may form the basis for an appeal in the future.

Osvaldo Villalobos Camacho was warned by the court president, before the lunch break, that his attendance was necessary at all times and that a warrant would be issued against and his liberty condition revoked if he did not return to the proceedings.

The process of proving illegal financial intermediation, money laundering and fraud began with a recalling of the events where the activities of Osvaldo Villalobos Camacho and of his brother Luis Enrique Villalobos Camacho, whose whereabouts are still the subject of speculation, Ofinter and a number of companies operates by the Villalobos brothers and associates, showed how the activities of exchanging dollars to colones and back and investment in local funds and stock markets, earned less than what the brothers paid their investors. The prosecutotrs repeated the word "fraudelent" activities constantly.

The fate of the Osvaldo Villalobos Camacho and the investors all rest in the hands of the three judges, who after hearing both sides of the argument and some 117 witnesses who are expected to take the stand, will make their decision.

The public interest was minimal yesterday, however, according to one the prosecutor's assistant, the news hasn't hit the media yet.


 



 

 
   

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