In a ruling last week by
the Sala III (Third Chamber) of the
Supreme Court (the second highest
appellate court of Costa Rica), the
court reversed the guilty verdict
against two brothers (unrelated to the
Villalobos case) who had received
multiple year sentences following an
lengthy trial of a case ruled Complex
Procedure. The convictions were thrown
out by the higher court and the case
ordered retried due to excessive court
delays during their trial.
In the ruling, the Appellate Court
chastised the lower courts for their
inefficient distribution of work during
this case in particular, and Complex
Procedure cases in general, and ordered
the court system to better distribute
their work loads to reach more prompt
resolutions.
As we know, the case against Osvaldo
Villalobos was ruled a Complex Procedure
in May, 2003, mostly as a result of the
high number of investor accusations of
fraud, (most of which have since been
withdrawn or thrown out), and allowed
the Prosecutor's Office to extend their
investigation for almost two years.
As a result of this ruling, Osvaldo's
Defense lawyers have presented a second
written appeal for an early trial date.
We hope that this unexpected, but most
favorable ruling, will have positive
effects on our own case as it proceeds
through trial. Clearly, our interest
lies not only in an early trial date,
but in a quick resolution once the trial
gets underway. We have also been
informed that an "early" trial date
could be as late as March or April of
2006, but we will have to wait several
more days to know for sure.
It is perhaps too early to call, but in
recent weeks, and from various reliable
sources, we have received information
that allows us to be increasingly
positive that our patience and trust,
steady and firm through these years of
despair for so many, will be justly
rewarded.
From now until the end of the trial, we
would encourage our members and all
investors to refrain from publicity that
would call undue attention to ourselves,
the case, or to Osvaldo or Luis Enrique
Villalobos. We believe that now is the
time for quiet action and resolution.
We will inform you when the date for the
trial is set by the courts.
Thank you.