Romanian Tanks For Tires Case Suspended Pending Constitutional Court Decision

The lawyer of defendant Neculae Otelea(former chief of the Logistics Service within the Ground Forcers General Staff between 2001-2004) raised Wednesday an exception of unconstitutionality on article 40 section 1 of the Criminal Procedure Code (which addresses jurisdiction if the defendant changes status) in connection with article 16 section 1 of the Romanian Constitution (addressing the equality of rights) and article 21 section 3 of the Constitution (which addresses equity and the reasonable term of the trial).

 

Otelea’s lawyer explained that as long as his client was retired, the Supreme Court no longer had jurisdiction in trying this case and the case was to be tried by a lower court.

 

The lawyers of the other two defendants in the trial and the representative of the Ministry of Defense agreed with the request to notify the Constitutional Court and requested that the trial be suspended.

 

The prosecutor told judges that the exception of unconstitutionality raised has no relevance in the case, explaining that, even though all officers are now retired, the case includes former general - Mihail Popescu – who is currently a senator.

 

The representative of the Public Ministry explained that Popescu was in service when the deed was committed and he became senator in the meantime, a reason that enables the Supreme Court to try this case. At the same time, the prosecutor said that all officers were active when the deed was committed.

 

The judges decided to notify the Constitutional Court on the exception raised and suspended the trial.

 

The decision can be appealed with the panel of nine judges of the Supreme Court.

 

In December 2007, two of the former Ground Forces chiefs of staff, Eugen Badalan and Mihail Popescu, were sent to trial by anticorruption prosecutors.

 

Aside from the retired generals Eugen Badalan (commander of the Ground Forces General Staff between 2000 and 2004) and Mihail Popescu (commander of the Ground Forces General Staff between 1997 and 2000), anticorruption prosecutors also sent to trial retired general Neculae Otelea, retired colonels Toader Mandea and Eugen Calcan, as well as Simion Linca, according to the Press Office within the National Anticorruption Department (DNA).

 

The six are charged with causing losses worth RON4.4 million (some EUR1.26 million) to the Ground Forces General Staff.

 

Prosecutors established that the defendants violated and overstepped their attributions within the negotiation, conclusion and unfolding of exchange contract L3535 on June 1, 2000, concluded between the General Staff and the company SC Tofan Grup through SC Tofan Steel SRL. The contract mentioned the exchange of out of service military technology for tires, worth a total $318,592, at the exchange rates valid when the contract was signed.

 

According to the Anticorruption Department, the six defendants did not receive material benefits, and throughout contract unfolding SC Tofan Steel SRL sponsored several military bases subordinated to the Ground Forces General Staff, with over RON12,500. Prosecutors seized the assets and property of the six, pending concurrence with the losses calculated.