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Lessons from the Antonio Carbone / Dream Casinos case – No due process for Canadian businessman

By Christine Duhaime | May 2nd, 2017

No due process for Canadian businessman

According to this story in a Dominican Republic newspaper dated May 2, 2017, a Canadian business executive from Ontario, Antonio Carbone, who has been incarcerated in the Dominican Republic for over two years without a trial and without the benefit of due process, will remain incarcerated for what appears to be an indefinite period of time.

Mr. Carbone was arrested on January 25, 2015, in the Dominican Republic on an allegation of attempting to murder a Dominican foreign national, Fernando Baez Guerrero, by allegedly setting fire to Mr. Baez’ vehicle on December 1, 2014.

Canadian journalists from The Fifth Estate found out (reported here) that the allegations against Mr. Carbone in the Dominican Republic were based on what turned out to be unreliable evidence, namely inconsistent statements of alleged facts that were contradicted and not supported by any evidence.

The criminal complaint was filed by a prosecutor in the Dominican Republic named Yeni Berenice Reynoso. Shortly after filing the criminal complaint, she told the media that judicial corruption is rampant in the Dominican Republic and in 90% of the organized criminal cases in the Dominican Republic (of which this is one by virtue of its connection to a person the Quebec government said was the Mafia (see below)), the police or the army are involved and perform contract killings. 9% of the prison population in the Dominican Republic is made up of foreign nationals.

Fernando Baez Guerrero was, and remains, a manager of a chain of casinos in the Dominican Republic called Dream casinos acquired and owned by Dream Corporation, a St. Lucia company but whose shareholders and managers are Canadian, with a Canadian head office. According to corporate records filed in Canadian Courts, the shares in the casino chain are owned by Antonio Carbone and his bother Francesco Carbone. A third person, named Andrew Pajak, owns a 15% stake in the casino chain. Also according to Court documents, a fourth person, named Edward Kremblewski, has exclusively managed the financial affairs of the Dream casinos since 2011. According to an expert report ordered by an Ontario Court, Kremblewski has been the sole effective manager in charge of all of the affairs of the corporation in Canada and the Dominican Republic. All four are from Toronto.

Kremblewski lives in the Dominican Republic, returning to Toronto regularly, according to the testimony by Mr. Pajak, with cash taken from the casinos in the Dominican Republic to meet large expenditures in Canada, such as payroll allegedly for several full-time staff in Toronto.

The gist of the criminal allegations against Mr. Carbone filed by Ms. Reynoso allegedly stem from evidence derived from the sworn statements of two men – one made by a Dominican person named Juan Infante and the other made by Mr. Baez Guerrero. Both used to work for Mr. Carbone.

Witness #1 changes his story

According to Ms. Reynoso, Mr. Infante gave a sworn statement that he heard Mr. Carbone plotting to kill Mr. Baez and heard him say he had hired two hit men to do the job. He also gave a sworn statement that he was later with Mr. Carbone and heard him celebrating the burning of Mr. Baez Guerrero’s car on the night of December 1, 2014, in the Dominican Republic.

Apparently, Mr. Infante has a serious criminal record and his credibility is suspect. A criminal record, even in the Dominican Republic, indicates a person whose evidence is not to be accepted quickly because experience has shown such people not to be reliable (R. v. Corbett, SCC), a legal concept presumably familiar to Ms. Reynoso.

And indeed, Mr. Infante was not reliable. He changed his story.

He told CBC’s the Fifth Estate that the sworn statements he made are untrue. He told the Fifth Estate that he never discussed a murder plot with Mr. Carbone at any time, and never heard any of the Carbone brothers discussing a murder plot against Mr. Baez Guerrero. Mr. Infante also told the Fifth Estate that he is no longer sure on what date he is alleged to have seen and heard Mr. Carbone allegedly celebrating the car fire.

Mr. Carbone claims that he was in Canada on December 1, 2014, the day the fire to the vehicle of Mr. Baez Guerrero took place that allegedly was an attempt to murder him. According to records from the Canadian government, Mr. Carbone’s version of events is borne out.

Mr. Carbone was in Canada on the day of the alleged car bomb

In February 2016, the Canadian government through the CBSA, released records in respect of Antonio Carbone for his international travel that show that Mr. Carbone arrived at Pearson International Airport and entered Canada on the evening of November 29, 2014. They also show the airline on which he traveled, as well as the immigration officer who processed him through customs. Canada does not create exit records but Mr. Carbone has a WestJet boarding pass showing that he departed from Canada on December 2, 2014, and entered the Dominican Republic on December 2, 2014, the day after there was an alleged attempt on the life of Mr. Baez Guerrero.

The government of the Dominican Republic, and in particular, Ms. Reynoso have declined to accept the veracity of evidence from the government of Canada, in particular the CBSA. She arranged for the production of a “To Whom It Concerns” statement by a Mr. Henry Amarante Perlalta, a director of certificates for immigration for the Dominican Republic, the effect of which is to discredit the government of Canada by showing that the CBSA records on when Mr. Carbone was in Canada are false, or worse, fabricated.

Witness #2 changes his story

The Fifth Estate also discovered problems with the sworn statements of Mr. Baez Guerrero which call into question his credibility as well.

Read the full news article on www.antimoneylaunderinglaw.com

June 17, 2017

Category: DR News |

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Last updated June 24, 2017 at 11:34 PM
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