Slow and Cumbersome is the

Legal System in Costa Rica

 

 

It has been some time since our last message, primarily due to the lack of substantial change in the case or process, however, it is not a sign of inactivity on our part.  We remain involved and informed, continuing to represent the interests of all investors.
 
Our desire to achieve a seemingly evasive prompt resolution is continuously tempered by the reality of a legal system we have had to begrudgingly accept, regardless of our wishes.
 
Not news to any of you, the legal system in Costa Rica is slow and cumbersome, and aggravatingly methodical.  True to its roots in Roman Law, it is focused on process over principle, and form over function... nonetheless, we hang in there.
 
The most recent action to secure a trial date was made by the defense lawyers to the Constitutional Court just a few weeks ago, who by procedure, assigned an independent trial judge to look at the case and the possible reasons for the current delay.  That independent analysis was just received back by the high court, and was also received and described as incompetent by the defense lawyers, who will file objections to that analysis with the high court this week.  The independent analysis was filled with errors and omissions of fact, and claimed the current delay was justified because the courts were so busy with other cases.  The Constitution of Costa Rica guarantees the right to a prompt and just trial, no excuses.
 
In case that explanation was difficult to follow, the short one is, legal maneuvers are continuing in order to finally secure a trial date.  To date, they have not been successful and we still do not have a official date of trial.  As soon as we do, we will let you know.
 
We continue to meet with our lawyer and defense lawyers, as well as other key individuals who may provide us with advice and information.  We continue to weigh and consider the options, and we continue to temper our desire to do more with the reality that right now, doing less is the best option.

Some of you might wish to express your thoughts in writing.  Perhaps you wish to write the defense lawyers, the prosecutor, the future trial judges, or to no one in particular, but just to get something off your chest.  We will accept your letters and pledge to deliver them to the appropriate individual at the right time.  This we can, and will do for any investor.  Please send them to our mailing address:

UCCR
Apdo 655-1007
San Jose, Costa Rica
 
We would like to update you on the results of the personal visits we encouraged investors to make to the official complaints office of the court system.  Although we were heard and even perhaps made a limited impact, our energies were neatly packed into another folder, namely, process over principle.  We quote from the official response from the supervisor:
 
"I have spoken to the judge currently in charge of the case and he has informed me that the proper procedure for any requests or complaints to be heard is for them to be presented in writing to the Court, by those who have a standing in the case, so that the judges can analyze and issue a proper ruling.
 
I can understand your concern, but am unable to provide the assistance that you desire."

As a result, the defense lawyers, who indeed have standing in the case, filed the recent motion to procure a trial date, which is still in process.  Keep in mind, process over principle, form over function.  But, we hang in there.  We have stuck with it through an investigation we thought would never end, but did.  This was followed by a preliminary hearing and process we though would never end, but did.  And now, the process leading up to the final public trial, which many of us might think will never end. but it will end also.
 
There continues to be feedback that indicates prosecutor Espinoza is well aware he has taken three years to put together an empty case that he cannot win.  If it were not for the fraud accusations from investors themselves, this case might never have gone to trial.  But, since it is too late to change the past, let's go to court and conclude this matter.
 
Although we have had many differences in the past, if you have a pending fraud case against Osvaldo and/or Luis Enrique Villalobos, we finally have a shared goal. we want the same thing. a prompt and speedy trial.  As the defense has done, ask your lawyer to petition the court for a prompt trial.

In another matter, as you may know, Oscar Arias was recently declared winner of the presidential election after a manual count of a too-close-to-call election result.  There has been some discussion among investors of whether this would have any bearing on our situation.  We would discount any significant effect on this case from the change in president, particularly since it is well into the judicial process, and would guard against any undue optimism.
 
The UCCR will continue to be here for you, to inform you, to be an advocate of your interests.
 
Until next time, thank you very much for your moral support.

Thank you.

 

 

Grupo UCCR
uccr@ticostuff.com
http://www.ticostuff.com/uccr/