Ammon News - * All judicial procedures against “Kurdi” were stopped, his accounts were unfrozen and he was granted freedom to dispose of his funds …
** European Courts: No funds in the account of "Kurdi" are the proceeds of criminal activity …
AMMONNEWS- European Courts acquitted the former Chairman of the Board of Directors of the Jordanian Phosphate Company, Walid Kurdi, of charges against him that the sum of money present in his bank account was the proceeds of criminal activity.
According to legal sources, Ammon was informed that two judicial rulings were issued in states of the European Union acquitting Mr. Kurdi of charges against him. The sources went on to say that the European Appeal Court had ruled that there were no facts nor evidence which could convince the court that the sum found in the account was the proceeds of criminal activity. The Court also indicated that the accusations addressed to Mr. Kurdi did not constitute a crime in the eyes of European laws.
The acquittal rulings were judicial decisions in response to an application from certain competent bodies in Jordan to freeze his bank account. The European Public Prosecutor gave a decision therein to stop any judicial procedures against Mr. Kurdi and to unfreeze his accounts and allow him to dispose freely of the monies present in the account. The Jordanian bodies concerned were informed of this decision.
In June 2013, the Amman Criminal Court issued two judgments in absentia against Mr. Kurdi in what was known at the time as the Phosphate Case. The legal sources that informed Ammon of the judicial developments witnessed in the European Courts repeated certain of the facts, including:
Firstly: Following the issuing of the rulings in absentia against Mr. Kurdi and as a result of the application by certain competent bodies in Jordan to freeze his bank account, two judicial rulings were issued in states of the European Union acquitting him of the charges against him. The European Appeal Court ruled that there were no facts or evidence that could convince the Court and lead to the issuing of a decision that the sum found in the account was the proceeds of criminal activity.
Likewise the Court indicated that the accusations addressed to Mr. Kurdi did not constitute crimes in the eyes of European Laws. Further to this, the European Public Prosecutor decided to stop any judicial proceedings against Mr. Kurdi and to unfreeze his accounts and give him the freedom to dispose of the monies present in the account. The European Public Prosecutor also notified the Jordanian bodies concerned of this.
Secondly: The rulings in absentia were issued against Mr. Kurdi on the basis of papers and documents submitted by the Anti Corruption Agency. But amongst these there were no documents for the defence which might contradict the conclusions reached at by the Anti-Corruption Agency, and contradict the assumptions applied by the Agency in its investigations. If the documents for the defence, most of which were in the possession of the Anti-Corruption Agency at that time, had been submitted, the Court might have reached different conclusions.
Thirdly: The judicial rulings referred to were rulings in absentia, and as such are deemed void merely upon the appearance of Mr. Kurdi before the courts. These rulings are therefore not effective and are not enforceable.
Fourthly: Contrary to what was repeated by certain of the media, the Jordanian bodies concerned did not accuse Mr. Kurdi of embezzlement of the Phosphate Company’s funds or their theft or plunder. No judicial rulings were issued against Mr. Kurdi convicting him of crimes of theft, embezzlement or plunder. The summary of the said judgments in absentia conclude that Mr. Kurdi caused the Phosphate Company to fail to achieve additional profits, and that he gave preference to outside bodies on the account of the Phosphate Company, which is considered as abuse of office.
Fifthly: Mr. Kurdi remains adamant about his innocence of the accusation of abuse of office made against him, and he continues to reiterate that he achieved profits for the company during the period of his management in excess of 900 million dollars, which is three times the cumulative profit achieved by the company during the fifty years prior to his taking on the task of managing the Company. If these profits are compared to what the Company achieved in the four years following his resignation, we find that the profits achieved by the Company during the period of Mr. Kurdi’s management are equivalent to more than fifty times the profits achieved in the years following his resignation and up to today. However, certain media continue to suggest, contrary to fact and reality, that Mr. Kurdi offered a settlement in the amount of 500 million dinars, which is contrary to logic and sense and has no basis in truth.
Sixthly: The commercial practices that were employed during the time of Mr. Kurdi’s management of the Company continue to be used to date. The same shipping companies are being used and the blending operations continue. The Company’s products are still being sold via intermediary companies, and sale at prices less than those in the International Bulletins continues to take place. If these practices constituted crimes of abuse of office then, the same procedures should apply now.
If the general conditions in the years 2012-2013 concealed these facts from Jordanian public opinion and from the Jordanian citizen who will accept only the truth, then these facts must be revealed one day. Finally, only what is right is right, as the experts and analysts say.