Xuyen Viet Oil case: Lawyers request exemption from punishment for former Deputy Minister of Industry and Trade

On the morning of November 26, the trial of the case that occurred at Xuyen Viet Oil Trading, Transport and Tourism Company Limited continued with the defense of the lawyers.

In the defense of former Deputy Minister of Industry and Trade Do Thang Hai, the lawyer said that during his work, the defendant repeatedly reminded the Domestic Market Department to fully implement the appraisal steps according to legal regulations when granting licenses, and at the same time requested a quick resolution to support domestic enterprises.

Former Deputy Minister of Industry and Trade Do Thang Hai in court.

Regarding the act of receiving 50,000 USD from defendant Mai Thi Hong Hanh, the lawyer said that when Ms. Hanh met Mr. Hai to ask for support and mentioned "thank you", it was just a polite statement.

The lawyer affirmed that defendant Hai had no intention of profiting, and did not ask or force defendant Hanh to give a bribe to grant the license. If there was a demand, given his position as Deputy Minister of Industry and Trade and the importance of the license, the bribe amount could not have stopped at 50,000 USD.

In addition, the lawyer emphasized that the defendant Hai did not care about money. After the license was granted, Ms. Hanh repeatedly asked to meet Mr. Hai again but was refused. When receiving the gift from Ms. Hanh, due to being busy with work, Mr. Hai had to go to an urgent meeting and only opened the gift a month later, only then did he realize that it contained 50,000 USD.

Regarding mitigating circumstances, the lawyer presented that defendant Hai had returned all the bribe money, had many outstanding achievements in his work, his family had contributed to the revolution, and many organizations and individuals had submitted petitions to reduce his sentence.

Regarding the defendant's family situation, his wife and sister are suffering from cancer, and his younger brother is mentally ill. The lawyer requested the panel of judges to consider applying a special leniency policy and exempting defendant Hai from punishment.

If exemption is not possible, the lawyer hopes that the panel of judges will consider reducing the sentence so that the defendant receives the lowest sentence, below the level proposed by the prosecutor.

In his supplementary defense, defendant Do Thang Hai admitted to the crime as charged by the prosecutor. The defendant said that he had realized his mistakes in the past, did not deny his crimes or blame his subordinates, and affirmed that he himself was also responsible when his subordinates made mistakes.

The defendant expressed his wish to receive leniency from the jury, in a humane spirit. “The defendant asks for leniency, because in this violation, the defendant clearly saw his mistake and did not shirk responsibility,” defendant Hai said.

Also at the trial, the defense attorney for defendant Hoang Anh Tuan (former Deputy Director of the Domestic Market Department, Ministry of Industry and Trade) agreed with the prosecution's view that the defendant was tried for the right person and the right crime. However, the attorney said that the sentence of 7-8 years in prison was too high and harsh compared to the nature, level and context of the crime. The attorney asked the panel of judges to consider mitigating the crime and apply a lower sentence, from 4-5 years in prison.

Defendant Hoang Anh Tuan at the trial. (Photo: Hoang Tho)

According to the lawyer, the giving and receiving of bribes came from the initiative of the person giving the money, the defendant did not have any requests or demands.

Specifically, defendant Hanh proactively asked someone to introduce, approach and give money to defendant Tuan. This is consistent with Hanh's testimony in court. The first time, Hanh gave 10,000 USD through an intermediary, Mr. Nguyen Van Thang (Deputy Director of Hanoi Branch, Xuyen Viet Oil), but Thang only transferred 5,000 USD to Tuan. The second time, the amount of money given was also arbitrarily reduced by Thang without notice. If there was a prior agreement, defendant Tuan would have had to respond when the amount was not as expected.

Regarding the act of granting a license to Xuyen Viet Oil Company, the lawyer said that the defendant only checked the probability of some points instead of checking everything. This comes from subjective and objective reasons.

Subjectively, the defendant was influenced and respected by his superiors, and was pressured to quickly process the documents. Objectively, the management system of the Ministry of Industry and Trade has been regularly monitored by the Departments of Industry and Trade, so it is reasonable for the inspection team to only observe instead of checking all the documents.

The lawyer also pointed out the special context when the COVID-19 pandemic had just ended, travel was restricted, and 49 Xuyen Viet Oil agents were distributed in 7 provinces and cities, making inspection difficult. The defendant was forced to watch videos from the stores instead of direct inspection.

In addition, at this time, the Ministry of Industry and Trade must ensure national energy security. Revoking the licenses of violating stores will disrupt the supply, seriously affecting the market.

The lawyer also said that Xuyen Viet Oil accounts for 12% of the total gasoline supply nationwide, 20% in the South and 40% in Ho Chi Minh City. If the re-licensing is delayed, the market is at risk of a sudden decrease in supply, causing serious disruption.

In addition, the lawyer emphasized that the defendant Tuan did not conceal the violations. In the licensing document, the defendant clearly stated that he only checked the probability and did not conceal the shortcomings in the inspection. When he discovered violations in the management of the price stabilization fund of Xuyen Viet Oil, the defendant strongly proposed handling measures, even revoking the license after only 4 days of receiving the information.

The lawyer also requested the panel of judges to consider the defendant's work history, achievements, many certificates of merit, and requests for a reduced sentence from union members.

Defendant Hoang Anh Tuan agreed with his lawyer's opinion, clearly recognized his wrongdoings and hoped the panel of judges would consider mitigating circumstances. The defendant expressed his wish to be considered for his merits and crimes, and receive the lowest sentence possible so that he could soon return to his family and society.

Hoang Tho

Source: https://vtcnews.vn/vu-xuyen-viet-oil-luat-su-de-nghi-mien-hinh-phat-cho-cuu-thu-truong-cong-thuong-ar909673.html