Romanian High Court To Decide If Min Liability Law Affects Zambaccian Case

The High Court rejected, Monday, the request formulated by the National Anticorruption Department asking for the postponement of the decision on the return of the Zambaccian file, thus the court discussed the prosecutors’ request for the continuation of the trial involving former prime minister Adrian Nastase. The court also heard the defense’s argument, which said that the prosecutors need to restart procedures, since the text of the minister liability law – based on which Nastase was sent to trial – is unconstitutional.

Initially, the trial prosecutor asked the panel to set a new date for the hearing, since the Anticorruption Department needed to conduct further investigation, added with the fact that a decision was pending from the Constitutional Court regarding the criminal investigation approval for ministers or former ministers who are also members of Parliament.

After talks, which lasted some 30 minutes, the panel of judges rejected the prosecution’s request and moved to debates on the appeal formulated by prosecutors. The debates were attended by Nastase and his wife.

The Nastase family lawyer, Gheorghe Diaconescu, recently passed away, thus Nastase will be represented by Viorel Ros (former president of the Bucharest Court) and Vasile Irimia.

Nastase’s lawyers indicated that, according to legal provisions, the decisions issued by the Constitutional Court are applied "directly" in the case where the legal matter leading to the notification of the Constitutional Court was brought up, thus this case should be returned so that procedures can be restarted.

On October 18, 2007, the High Court decided to send the Zambaccian file back to the National Anticorruption Department, or DNA.

Nastase is charged with taking bribe and the obtainment of undue services, crimes that allegedly brought him EUR1,370,324.69.

Investigators found that, between 2002 and 2004, the Nastase family allegedly smuggled into the country, through the Bacau-based company SC Vertcon SA, 12 containers with goods purchased from China. The items represented construction materials, furniture, household appliances, as well as decoration and household use items for the outfitting of the buildings found in Bucharest on 16 Muzeul Zambaccian St., District 1 and 15 Cristian Tell St., District 1, as well as for the building in the central Romanian commune Cornu.

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