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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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