The trial of the Super Tucano case will start from scratch: Court revokes sentence that benefited defendants
Santo Domingo.-The case involving the Super Tucano planes will have to be reopened from the beginning, following a decision by the first criminal chamber of the appeal court. The exculpatory sentence against Rafael Antonio Peña Antonio, Carlos Picini, and Daniel Aquino Hernández has been revoked. The court, presided over by Doris Pujols Ortiz and consisting of Rafael Báez and Carmen Mancebo, nullified the previous decision that cleared Rafael Antonio Peña, Colonel Carlos Picini Núñez, and businessman Daniel Aquino Hernández of charges.
The court has ordered that the case be returned to the trial court to initiate a new trial. The judges further stipulated that the proceedings be conducted by a court other than the Third Collegiate Court of the National District, which had handled the defense of the accused. The court made this decision in response to an appeal filed by Wilson Camacho, the head of the Specialized Office of the Administrative Corruption Prosecutor (Pepca). The Public Ministry had accused the defendants of receiving $3.5 million, which the Brazilian Aeronautical Company (Embraer) admitted to giving in the Dominican Republic. The money was allegedly provided in exchange for being selected as the supplier of eight combat planes known as Super Tucano.
The initial exoneration verdict was issued in May 2022, acquitting retired Major General Pedro Rafael Peña Antonio, former Minister of Defense; Colonel Carlos Piccini Núñez, former director of special projects of the Dominican Air Force (FAD); businessman Daniel Aquino Hernández; and the companies 4D Business Group and Magycor.
So, are we lead to believe the above folk can be tried for the same crime again? Is this possible under the laws of this state?