Mircea Basescu, the former president’s brother, will no longer remain under house arrest after the Constanta Court remanded him and Marian Capatana on conditional bail. The decision is not final and can be attacked at the Court of Appeals.
Mircea Basescu and Marian Capatana arrived at the Constanta Court on Wednesday for a new court hearing in the case in which they have been arraigned for influence peddling and being an accessory to influence peddling respectively.
Constantin Gudu, Mircea Basescu’s lawyer, asked the court to note the legal cessation of the house arrest measure ordered against his client and in case that does not happen to replace the house arrest measure with conditional bail.
“I have asked the court to note the legal cessation of the house arrest measure, in reference to Constitutional Court decision no.361 published on Friday. The Constitutional Court decision concerns the unconstitutionality of Article 222 of the Penal Procedure Code which does not stipulate a maximum duration for house arrest like it does for the other preventive measures. In relation to this aspect our opinion is that the legal cessation is called for at this moment. To the extent in which the court will deem it fit, we have also asked for the measure to be replaced with conditional bail, a timely measure at this moment. In addition, we have asked for the house arrest measure to be replaced with conditional bail. The court has yet to rule,” lawyer Constantin Gudu stated.
Marian Capatana’s lawyer made the same request in court, and in case the request is rejected he also asked for his client to be allowed to leave his home two days per week in order to do the shopping and for two days per month in order to attend religious services.
Former head of Constanta County Police Dumitru Catana and Marian Capatana’s former driver Ion Preda should have been heard on Wednesday too but they did not show up in court. The subpoena for Dumitru Catana was sent at the Constanta Police headquarters but the court was informed he no longer works there, while Ion Preda’s subpoena was received by a member of his family instead. In these circumstances, the court has decided that Dumitru Catana should be subpoenaed at the address of his current residence after the latter is found out, and that Ion Preda will be brought by police at the next court hearing.
Likewise, the court also decided that it will hear the employee of a bank, who allegedly checked the money that members of the Anghel family gave to Marian Capatana, money that then ended up in the hands of Mircea Basescu according to members of the Anghel family.
The next court hearing has been scheduled for September 18.
Mircea Basescu has been arraigned alongside Marian Capatana in the case concerning the bribe that the former allegedly received from Bercea Mondial’s family. The two were placed under preventive arrest after Bercea Mondial’s family disclosed hidden camera recordings that their son captured, recordings that allegedly prove the influence peddling the former head of state’s brother is accused of.