Recently released from the penitentiary, before executing his sentence of 10 years in prison in the Food Research Institute (ICA) case, businessman Dan Voiculescu has launched an attack on his personal blog against “the individual Kovesi”, suggesting to the head of the National Anticorruption Directorate (DNA) not to identify with the institution, not to address to the Superior Council of Magistracy (CSM) to defend her reputation and concluding that “the fight against corruption can continue also without you”.
“With the support of some people like Nelu Iordache, Gheorghe Stefan, Dorin Cocos, etc., or of some employees of the group that I founded, like Mihai Craiu, Sorin Oancea, etc., you have tried to open false cases. This was in my case. Not to remind of the cases: Adrian Nastase, Decebal Traian Remeș, Dan Radu Rusanu, Calin Popescu Tariceanu, Mircea Diaconu, Liviu Dragnea, Ludovic Orban, Lia Olguta Vasilescu, Romeo Stavarache, Tudor Chiuariu, Romeo Florin Nicolae and others”, Dan Voiculescu wrote, failing to state that part of these names have been finally convicted by the courts.
“I announce you I am not afraid of you. 80% of the Romanian population have confirmed in a survey that the ICA case has been politically instrumented. I suggest you not to request CSM to defend your reputation, because most of the facts from above have been confirmed by judges, the only ones having the right to discern between guilt and innocence or who are subject to Judicial Inspection’s attention” stated the magnate, invoking on his side figures whose base is not clarified by the author.
“The fight against corruption can continue also without you, without the prosecutors that are servile to you and without abuses. The same way as corruption kills, abuses can destroy destinies, and even kill sometimes. Romania must be cleaned of corruption and abuses in order to have a real rule of law” Dan Voiculescu concluded.
Camelia Bogdan at the Supreme Court: The leadership of the Judicial Inspection is “diverted to private interests, namely those of the convicted Dan Voiculescu”
Camelia Bogdan, the judge who sentenced businessman Dan Voiculescu to ten years in prison in the ICA case and who was excluded from magistracy, claimed on Monday, at the Supreme Court, at the first hearing on which the admissibility of the report on the appeal against the decision to exclude her from magistracy is analyzed, that Judicial Inspection, namely the head of this institution Lucian Netejoru, is serving Dan Voiculescu, working for his interests.
“I received a report from the Judicial Inspection (IJ). Although IJ referred me to the Judges Section because I was allegedly incompatible, because I taught outside the university educational system, it appears from this report that it refused to defend the reputation of the judiciary and it expressed the opinion that it’s possible for Mr. Dan Voiculescu’s case to be admitted to the European Court of Human Rights (ECHR) for an alleged impartiality caused by my exclusion from magistracy. In these circumstances, I have the proof that the purpose of IJ to exclude me from magistracy was to collect evidence in order to help Mr. Dan Voiculescu win at ECHR, this is the reason for which I addressed myself to the prosecution bodies” Camelia Bogdan stated.
The suspended judge also claims that this way she proves that Lucian Netejoru, the head of the Judicial Inspection, is working for Dan Voiculescu’s interests. “In my opinion, IJ, the leadership, is diverted to private interests, namely to the interests of the convicted Dan Voiculescu” Bogdan added.
Asked if she was incompatible or not at the time when she taught APIA public servants about anticorruption laws, the former judge denied this. “The defense is very clear. There is jurisprudence, including the one that belongs to ICCJ that I didn’t cumulate positions, and if you do not cumulate positions you cannot become incompatible. I submitted evidence that I am an expert of the European Commission, I still receive invitations from the European Commission to evaluate other legislations. Besides, the court action is timebarred. CSM has issued a letter according to which it’s not under its jurisdiction to investigate the incompatibilities of the magistrates, the only competent institution being the National Integrity Agency. I repeat: we shouldn’t be here, anyway” Bogdan concluded.
In February, 2016, Judicial Inspection automatically notified itself in the case of the Food Research institute (ICA), after the TV channels controlled by Dan Voiculescu, convicted in this case, claimed that Judge Camelia Bogdan is incompatible because she participated in and she taught to a seminar organized by an association that was financed by the Agriculture Ministry, which was an injured party in the case.
On April 16, 2016, the inspectors who analyzed the case of Camelia Bogdan decided to reject the notification and they stated that there is no disciplinary offense made by the judge. But the decision was denied by Lucian Netejoru, the Chief-Inspector of the Judicial Inspection, who decided to send the notification to the Judges Section of CSM. In his motivation, Netejoru claims that Judge Camelia Bogdan breached Article 99 of the Magisrates’ Law, according to which breaching legal provisions related to the statements of assets, statements of interests, incompatibilities and interdictions regarding judges and prosecutors, is a disciplinary offense.
In February, 2017, the Judges Section of the Superior Council of Magistracy 9CSM) decided to exclude Judge Camelia Bogdan from magistracy for breaching Article 99 letter b) of the Law on the statute of judges and prosecutors, respectively for “breaching the legal provisions related to the incompatibilities and interdictions regarding judges and prosecutors”.
The decision was appealed by Camelia Bogdan at the Five-Judge Panel of the High Court of Cassation and Justice.