Africa-Press – Angola. The trial of the former governor of Lunda Sul, Ernesto Kiteculo, accused of the crime of embezzlement, began this Tuesday, in the Criminal Chamber of the Supreme Court, in Luanda, with judge advisor Daniel Modesto as rapporteur of the case.
62 years old, Ernesto Kiteculo is responsible for the aforementioned crime, registered under number 29/22, in which the Public Ministry (MP) is a participant, being the first of two cases in which he is the target. The other has registration number 44/23.
According to the records, the facts date from September 28, 2017 to September 12, 2018, a period in which the defendant held the position of governor of the province of Lunda da Sul and used money from the General State Budget (OGE) allocated to the province, for the construction of social impact works, for different purposes, having embezzled a total of 258 million, 878 thousand and 750 kwanzas from the State coffers.
For this purpose, says the MP, Ernesto Kiteculo created fictitious contracts between the Provincial Government of Lunda Sul (GPLS) and several companies, which he signed and approved without the involvement of the remaining members of the local government and without the representatives of the mentioned institutions included in the contracts knew of their existence.
With the aforementioned contracts, the defendant fraudulently awarded works contracts registered in the Public Investment Program (PIB) to companies that were not on the list of participants in the public tender held by the outgoing governor.
According to the records, the process involved several companies, namely “Chimak Lda”, “Iristel Lda”, “VR Equipamento Médico Hospitalar”, “WVV Construção Civil Lda” and “6 King Gestão e Empreendimento Lda”, the last being owned by Ernesto Kiteculo.
Part of the money was used to purchase four Toyota vehicles for the GPLS (two Land Cruiser models and the same number of TXR), in addition to 15 million kz that had been paid, in the form of a postponement, for the acquisition of a residence in Urbanização Nova Vida, budgeted at two billion kwanzas, this money (15 million), however, recovered by the State.
Meanwhile, the defendant was also accused of committing the crime of violating plan and budget execution rules, provided for and punishable in article 36 of Law No. 3/10 of March 29, Public Probity Law.
This second crime was presented by the defense as a preliminary issue for the criminal non-prosecution against the defendant, as the rules are already decriminalized and as there is already established jurisprudence in this sense, a request that was granted by the Court.
“Now, as the aforementioned crime has been decriminalized in accordance with Law No. 38/20, of 11 November, which approves the current or current Penal Code, the criminal proceedings for the aforementioned crime against the defendant are declared extinct, in accordance with article 2, no 3 and of the Penal Code, without prejudice, however, to all the facts that make up this type of crime and that have some connection with another crime, especially embezzlement, from which the accused defendant comes, which can be addressed during the discussion of the case for the investigation and clarification of the truth regarding this last crime, in terms of which we grant the second question previously raised by the defense”, said the judge reporting the case.
Hearing resumes on the 28th
After reading the indictment and making objections from the defense, represented by lawyer João Pereira Gourgel, the defendant was heard, and the hearing was, some time later, suspended by the judge, who scheduled the hearing to return to next November 28th.
The process should also include 17 people, including declarants and witnesses.
ANGOP
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