Canadian fears foregone verdict in Cuban court

Canadian fears foregone verdict in Cuban court

KIM MACKRAEL

OTTAWA — The Globe and Mail

Published Friday, Jun. 13 2014, 7:24 PM EDT

Last updated Friday, Jun. 13 2014, 7:27 PM EDT



More than 2 1/2 years after his arrest in a wide-ranging corruption

investigation, a Canadian business executive accused of bribery and tax

evasion is pleading his case before a Cuban court – but his family fears

the outcome has been predetermined.



Cy Tokmakjian, 74, appeared before a Cuban court on Monday for the

beginning of a trial that is expected to last two weeks. His charges

relate to bribery, contractual issues, and commercial crimes against the

Cuban economy and he is being tried alongside at least 16 other

individuals who either worked for or had dealings with his company's

operations in Cuba.



Originally from Armenia, Mr. Tokmakjian founded a transportation company

in Canada in the early 1970s and later expanded the firm's operations to

Cuba, Barbados and several other countries. He was arrested in

September, 2011, and held in a Cuban jail for nearly 2 1/2 years before

any charges were laid.



Lee Hacker, a spokesman for Mr. Tokmakjian's family and vice-president

of finance for the Tokmakjian Group, said Mr. Tokmakjian maintained high

ethical standards in his work and did not break Cuban laws.



"The allegations and charges made against the Tokmakjian Group by Cuban

authorities are completely baseless and the defence will show that

clearly," Mr. Hacker said in a written statement that was provided to

The Globe and Mail. "However, because of serious concerns with the lack

of due process, transparency and independence in the Cuban system, we

fear that the outcome has already been predetermined."



A statement outlining Mr. Tokmakjian's defence, obtained by The Globe,

says the businessman invited Cuban officials for meals at his home and

gave Christmas and New Year's gifts to a range of recipients but made no

attempt to obtain any favours in return.



Earlier this year, the Tokmakjian Group filed a claim against the Cuban

government with the Ontario Superior Court. A statement of claim alleges

that the company's assets were improperly seized and that the Cuban

government interfered with Tokmakjian Group's commercial relations with

its customers.



The trial comes one year after another Canadian businessman, Sarkis

Yacoubian, was sentenced to nine years in prison on corruption-related

charges after he reportedly co-operated with Cuban authorities in their

investigation. Mr. Yacoubian was expelled from Cuba in February and has

since returned to Canada. He did not have to serve the remainder of his

sentence when he returned to Canada because Cuban authorities did not

arrange a transfer.



The 2011 arrests of Mr. Yacoubian and other business executives and

their trials came as a surprise to foreign investors and raised

questions about the security of their assets in Cuba. Experts say the

arrests, combined with attempts to increase the Cuban government's

control of some foreign businesses, have clouded the country's business

environment at a time when the government is trying to attract more

capital to the communist economy.



Conservative MP Peter Kent has followed Mr. Tokmakjian's case and

visited him in prison last fall. He said he is troubled by reports the

Cuban court may not review all the evidence Mr. Tokmakjian's lawyers had

asked to present.



A spokesperson for the Department of Foreign Affairs, Trade and

Development would not say whether it is assisting Mr. Tokmakjian, citing

privacy concerns. "Consular services are being provided to the Canadian

citizen who is detained in Cuba," Beatrice Fenelon wrote in an e-mail

when asked about Mr. Tokmakjian's case. "Canadian consular officials in

Havana are engaging local authorities and continue to monitor the case

closely."



Officials at the Cuban embassy in Ottawa could not be reached to comment

on the matter.



Follow Kim Mackrael on Twitter: @kimmackrael



Source: Canadian fears foregone verdict in Cuban court - The Globe and

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