After studying the case file and through the process of interrogating the accused at the trial in two days of the appellate trial VN Pharma case. Mr. Khuu Thanh Tam – Lawyer (Managing Partner of VietLaw Solutions Firm) found that Defendant Vo Manh Cuong had filed a petition to appeal the entire First Instance judgment No. 306/2017/HSST of the People’s Court of Ho Chi Minh City on August 25, 2017 is well grounded to be considered and approved by the Trial Panel.
At the time of the Defendant – Mr. Cuong represented for Helix Pharma, Mr. Raymundo repeatedly went to Vietnam together with Mr. Cuong to meet with his partner and deal with the case (in this case Mr. Raymundo went to Vietnam along with Mr. Cuong accused of discussing transactions with Vn Pharma). When traveling to Vietnam to deal with his partner, Mr. Raymond frequently exchanged with the Defendant Mr. Cuong by email about the schedule. Defendant Cuong directly picked up and arranged the accommodation for Mr. Raymundo. At this time, Raymundo often stayed at Vien Dong Hotel (Pham Ngu Lao Road, District 01, Ho Chi Minh City) and at other hotels in Phu My Hung (District 7, Ho Chi Minh City).
Under the provisions of Vietnamese law, foreigners wishing to enter Vietnam must apply for a visa at a Vietnamese representative office in a foreign country. Concurrently, foreigners temporarily residing in Vietnam must inform the person who directly manages and operates the activities of the accommodation and establishment in order to make temporary residence declaration with the police of the commune, ward or township where the accommodation is located. In this case, the Investigation Agency could thoroughly investigate Raymundo’s personal identity through Raymond’s declaration of information when he arrived in Vietnam at his/her residence or Immigration Office. But the Investigation Agency did not carry out the identification of the person before the trial, which concluded Mr. Raymundo was a bogus character and that seriously violated the procedures of litigation.
Concurrently, based on the content of “License for operation of foreign enterprises on medicines and medicinal materials in Vietnam No. 28 / GP-2014/2 issued by the Ministry of Health on June 18, 2014 to June 18, 2019”. Vo Manh Cuong is the authorized representative of Helix Pharmaceuticals Inc. in Vietnam. The mandate period is 05 years from June 2012 to June 2017. Based on the scope of mandate, Defendant Vo Manh Cuong, in addition to the responsibility of Helix Pharmaceuticals Inc. in Vietnam, the Defendant Cuong is allowed to use the seal during the implementation of the work involved. Accordingly, the Investigation Agency accused Mr. Vo Manh Cuong of making and using documents, false records are groundless.
According to the case file, VN Pharma sent Mr. Raymundo and Mr. Vo Manh Cuong a total of 251,100 USD (equivalent to 5,302,179,575 VND). Of which VN Pharma sent Mr. Raymundo through the account of Helix Pharmaceuticals Inc. with the amount of 68,410 USD, VN Pharma transferred the Defendant Vo Manh Cuong with the amount of 182,690 USD (equivalent to 3.858.116.425 VND), then the Defendant Cuong Mr. Raymundo sent the money twice for a total of 151,926 USD (equivalent to 3,208,556,430 VND). However, the Investigation Agency concluded that the amount of accused Cuong is 2,093,623,145 VND is not base, because when comparing the amount of money, which Cuong received from VN Pharma and the money, which Defendant Cuong has transferred to Helix Pharmaceuticals Inc., is simple to determine that the accused still has $182,690 – $151,926 = $30,764 (equivalent to 3,858,116,425 VND – 3,208,556,430 VND = 649,559,995 VND).
From the above analyzes, it can be seen that the total amount of money which VN Pharma transferred to Mr. Raymundo and Defendant Cuong ($251,100) was the value of 9,300 boxes of H-Capita 500mg (equivalent to $27 USD) / Box) that Defendant Cuong negotiated and agreed with Defendant Nguyen Minh Hung from the beginning. Thus, the amount of money the Defendant Cuong kept after transferring to Mr. Raymundo $30,764 (equivalent to the amount of 649.559.995 USD) is part of the payment for 9,300 boxes H-Capita 500mg under the agreement between the parties. From that it can be confirmed that the Investigation Agency concluded that the money that Defendant Cuong kept after paying to Mr. Raymundo that the amount of benefit is illegal, which is completely inaccurate.
In addition, Helix Pharmaceuticals Inc. has ordered Pharma to pay Helix Pharmaceuticals Inc for the cost of transporting the drug (drugs) by air, which was determined by Helix Pharmaceuticals Inc. $12,000 and the Defendant Cuong is responsible for handling Helix Pharma. However, the Investigation Agency did not consider and clarify this amount, but accused the Defendant Cuong of benefiting from the amount of 2,093,623,145 VND which is unfounded.
The errors in the calculation and wrong assessment of the Investigation Agency has affected the determination of the objective and comprehensive truth of the case, especially affecting the interests of the Defendant Cuong in the process of the settlement the case. Therefore, it is necessary to conduct a re-investigation to clarify these contents.
While the Drug Administration of Vietnam is the licensee of 200,000 H-Capita capsules 500mg capsules per order between VN Pharma and Helix Pharmaceuticals Inc., 03 members of this unit. To participate in the Expertise Council of the Ministry of Health to assess the number of drugs in the lot that the licensed Drug Administration of Vietnam is not impartial or objective or seriously violate the procedure.
Concurrently, the inspection council of the Ministry of Health uses the documents (Instruction sheets, drug labels, box labels …), the standard that Defendant Pham Huy Thong in this case wrote by himself to be the basis test for batches of drugs is not guaranteed accuracy.
Meanwhile, the results of inspection of batches of drugs are important evidence which are the basis for deciding the nature of the case. Therefore, the Trial Panel should consider and decide to carry out the re-evaluation of the lot so as to ensure objectivity and comprehensiveness in the resolution of the case.
Another important fact, during the investigation process, the Investigation Agency knows the existence of the “License for operation of foreign enterprises on medicines and medicinal materials in Vietnam No. 28/GP-2014/2” issued by the Department of Health on June 18, 2014, effective June 18, 1976 for Helix Pharmaceuticals Inc. Investigators asked Defendant Cuong about this license but did not write the questions and answers of the accused – Mr. Cuong in the minutes of the testimony.
Thus, this is evidence, important documents for the case were collected during the investigation and prosecution. However, the Investigation Agency does not include in the case file a serious violation of criminal procedures in accordance with Clause 2 of Article 4 of Joint Circular No. 01/2010/TTLT-VKSNDTC-BCA-TANDTC: “To implement the provisions of the Criminal Procedure Code on the return of dossiers for additional investigation.”
Ending the appellate trial of VN Pharma case on October 20, 2017, the Trial Panel announced the deliberation period will last until October 23 this morning.
Vietlaw Solutions Firm.