Tuesday, December 7, 2010

CPD CASE: ACCUSED SENTENCED TO 12 YEARS

The Maputo City Court on Tuesday sentenced the former director of the Mozambican government’s Data Processing Centre (CPD), Orlando Come, and the CPD’s former head of administration and finance, to 12 years imprisonment for defrauding the CPD of 3.6 million meticais (about 103,000 US dollars).The two were also ordered to repay the stolen money.The presiding judge of the seventh section of the City Court, Fernando Bila, said the sentence was intended to have an “educational” effect, seeking to prevent others from acting in ways that damaged public institutions.“I would like to draw attention to the following”, warned Bila. “The facilities that surround Mozambican leaders can corrupt them, and the leaders of public institutions should know that they are managing public property, and they should not make use of that property for their personal benefit”.Bila said the thefts had been planned in advance, and that the two accused had plotted among themselves to defraud the CPD. A further aggravating factor was that both men were senior state officials, who had worked at the CPD for long periods – 20 years in the case of Come, and 18 for Vilanculos.Bila said the two had abused the funds of the CPD for their own advantage, at the expense of the institution and of its workers (whose wages were often paid late).“The accused deliberately disorganized the institution’s accounting system”, said the judge. “They acted with total disrespect for the norms that govern the management and functioning of public institutions. As managers of the institution, they should have managed its resources in a rational and transparent manner. Instead, they used them to damage the institution”. In particular, Bila found it proven that Come had abused a Visa credit card provided by the CPD. This card, which was supposed to have a monthly ceiling of 100,000 meticais, clocked up usage of 1.3 million meticais. This money was spent on trips to South Africa and Swaziland, on dinners, and on a variety of expenses in Maputo’s plushest hotel, the Polana, and its casino.In his defence, Come had claimed that the credit card was intended to promote the image of the CPD, and was used to pay for his entertainment allowance. These expenses, he alleged, did not require any justification, because the CPD enjoyed “financial autonomy”.Come also withdrew 1.1 million meticais of CPD funds to purchase foreign currency for trips abroad, and did not account for how this money had been used. He claimed that it had been used to finance his own training in South Africa, but the court noted there was no evidence that this had been authorised by Come’s superiors.
The prosecution had also proved that Come used CPD money to grant loans of 100,000 meticais to Manuel Vilanculos, and of 80,000 meticais to his brother, Francisco Come. His brother repaid the money – but only after Come had been arrested in January 2009.Come spent 45,900 meticais of CPD funds to pay school fees for his daughter and a niece. The court found that this money had not been reimbursed, despite a claim by Come that it had been discounted from his wages at the rate of 5,000 meticais a month.As for the money (116,000 meticais) paid to rent a house, Bila said that Come had used false documents to show that he had an agreement with a Brazilian company whose technical staff would supposedly have stayed at the house.There had also been illegitimate payments from the CPD of 310,400 meticais to Come’s bank account and of 1.8 million meticais to Vilankulos’s account. Come had claimed that this money was the payment of back wages he was owed from his previous job as national director of statistics, and were paid on the orders of the Minister of Finance.This meant that Come had effectively been drawing two wages, each of 79,000 meticais a month. Bila said he had not proved he was entitled to these sums. “Those wages were paid improperly”, he declared.The only point where Come was proved right concerned 37,700 meticais paid to repair a car. The court accepted that this car belonged to a car hire company, and not to Come’s daughter, as the prosecution had alleged.Come and Vilanculos did not immediately state whether they intend to appeal.

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