DOC//SIS gave negative opinion on judge Domnica Manole. Magistrate: “These are inventions. They find a pretext to remove me from the magistracy"

Mariana Rață
02/11/2016
Domnica Manole după ședința CSM la care fost dat acordul pentru pornirea urmăririi penale. Foto: ziarulnational.md

Service Intelligence and Security has recently issued an advisory opinion on the judge of the Court of Appeal Domnica Manole who passed integrity control.  The opinion which came into possession of Anticoruptie.md portal refers to several alleged violations admitted by the magistrate. The information is not true in at least one of the cases, checked by reporters of Anticoruptie.md portal.

According to the advisory opinion of SIS, data obtained from the institution show the violation of the legislation and risk factors in the activity of the judge. The most serious accusation from the advisory opinion refers to the criminal case on the name of the magistrate, started on 8 June on giving knowingly a judgement contrary to the law. It's about the decision taken by Domnica Manole obliging the Central Election Commission to organize the referendum for which over 400 thousands signatures were collected.

Also, SIS mentioned about a criminal trial involving DomnicaManole, initiated by the Anti-corruption Prosecutor in February 2015 on the violation of the legal regime of statement on income and property. Manole is accused of beingamong the judges who had taken the decision to cancel the contracts of pledge, mortgage agreements, debt agreements, which could have endangered the repayment of loans by Banca de Economii,  Banca Sociala and Unibank.

The advisory opinion signed by Mihai Balan, director of SIS refers to two cases. Thus, on May 19, 2015 Domnica Manole was part of the panel that issued a ruling in the case of Fergus SRL against Banca de Economii and quashed a decision of the District Court Centru. "This decision was used to annul the measures of compulsory payment of debts and passing the pledged assets into the possession of the bank”, writes SIS.

Under the court decision referredto by controllers, the panel of judges that included Domnica Manole, on contrary, responded to a request received from Banca de Economiito cancel the conclusion of the District Court Centruthat ruled suspension of the civil case of BEM against SRL Fergus that was supposed to return to the bank a loan worth 500,000 euros.

The second case concerns a civil case in which Domnica Manole, together with other members of the panel, rejected the request of company Rosseau Alliance LLP toban the manager forinsolvency of the company Lidiana-Lux to sell assets pledged by the company in exchange for loans taken from BEM.  It is worth mentioning that, according to Kroll report, Rosseau Alliance LLP is supposed to be affiliated to  Ilan Sor and might be part of the scheme of theft of billions from three closed banks. "By taking this decision, there were created prerequisites of inability to recover loans", writes SIS.

Domnica Manole arguesthat this conclusion of SIS is erroneous, or by decision to allow the sale of pledged goods, they aimed to repay the debts to Banca de Economii. "It is the duty of the liquidator to repay the company's debts to creditors. The law is clear, if a pledged asset is sold, the pledgee has the priority right to recover the debt. In this case, it is BEM. Our decision did not pose risks that BEM is not able to recover money lent to the company", said themagistrate for Anticoruptie.md portal.

Domnica Manole argues that she knew since summer that SISis seeking compromising information about herand there were pressures both at political level and from the Superior Council of Magistracy.

"As for 2015criminal proceedings regarding the violation of the legal regime of statementon income and property, by order of Anticorruption Prosecutor's Office dated February 20, 2015 was refused the start of prosecution, on the grounds that the actions of the judge do not meet the elements of the offense. I did not declare in the statement on property, some bank accounts that are empty and a garage which I did not know it was private property. By abusive order of the prosecutor Viorel Morari dated 25 June 2016, a year later after the start of criminal prosecution was refused; theordinance dated June 25, 2016 was cancelled. Until SIS presented the  advisory opinion , this case did not have a finality, contrary to the terms imposed by the criminal procedure law, and was challenged by me to investigating judge", explains judge.

As for the case started this year by the General Prosecutor's Office because magistrate ordered the CEC to hold a referendum, Manole said that SIS director has failed to inform CSM that this criminal case was regardedby the international community and civil society as a "political reprisal" and an attack on judicial independence. For this reason, the case of the magistrate was recently discussed, in October, atthe UN Human Rights Committee meeting, at the initiative of the Italian judge and international expert Mauro Politi and the Government was obliged to submit a detailed report.

“This advisory opinion of SIS was supposed to refer to my integrity as a judge and not on the quality of justice that is not a competence of the Security and Information Service. SIS was supposed to refer to the risk factors. It is clear that they aim at declaring my incompatibility with the activity of judge to be removed from the magistracy", concluded Domnica Manole.

SIS advisory opinion was supposed to be examined at the meeting of CSM on Tuesday, November 1, but the issue was postponed because Domnica Manole was not present, though the judge asked examination of the document in her absence.

 

Mariana Rață
02/11/2016



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