The Magistrates of the High Court of Cassation and Justice (ICCJ – Supreme Court) have uphold Dan Şova’s appeal against the decision of the 5-judge panel to the same court, deciding to reopen the file on April 15, 2019, when the former minister was summoned to appear before judges.
The decision was made on the basis of the Constitutional Court’s decision on the 5-judge panels unlawfully set up.
The High Court of Cassation and Justice set a first deadline for re-judging the case on April 15.
Dan Şova was released from prison in December 2018, after the Constitutional Court found the illegality of establishing the 5-judge panels with the Supreme Court.
On June 20, 2018, Dan Sova was sentenced to 3 years imprisonment with execution for influence peddling in the CET Govora file, he also having to pay EUR 100,000. In the same case, the former director of CET Govora Mihai Balan was sentenced to three years, suspended sentence.
In the case of Sova, the 5-judge panel maintained the sentence of the first court.
According to DNA, during October 2011 and July 2014 Dan Sova claimed money and received EUR 100,000 from the denouncer, in exchange for influence peddling to Mihai Balan for concluding contracts of legal assistance with a certain law firm, amounting to EUR 10,000 per month.
The investigators mention that such contracts were not needed, as at the time CET Govora SA already had a law department with six legal advisers. Mihai Balan produced damages of RON 1,301,410 to the company.
“During 2006-2008, Dan Sova convinced Mihai Balan to conclude two agreements for legal assistance in the terms imposed by him, in breach of duties or the legal provisions on procurement in force at the time. Specifically, on March 1, 2006 and on March 19, 2008, SC CET Govora concluded with the Law Firm ‘Sova and Associates’ two separate contracts for legal advice/consultation/representation, including the payment of fees for success of EUR 667,409.20 and of RON 1,822,928.24 respectively,” a DNA release issued in November 2016 reads.
According to DNA, the two separate contracts were concluded under the background of a valid contract of SC CET Govora for legal assistance on the same subject, concluded with the same Law firm ‘Sova and Associates’.
The prosecutors claim that these activities have caused damages to SC CET Govora worth over EUR 667,000 and more than RON 1.8 million and led to an unjustly benefit for ‘Sova and Associates’.