Episode 23 – The Little Gods of Justice

After all the blows I took, I dared to hope that the people of the oppressive system would have that shred of humanity enough to put an end to the abuses. I was wrong. Râul Alb put on the robe of some judges who executed us financially under the crossfire of a triple economic lynching.

When I returned to the country, in the autumn of 2015, I knew that my chances of recovery were limited. I was forced to compensate for the impossibility of movement with the help of apparatus and a physiotherapist. The many hours of daily exercises and the concerns regarding the continuation of the projects helped me not to collapse. I imposed on myself to be strong because at stake was my life’s work. Throughout this entire period, my desire was for the firms to remain active. The company ABI Automotion had a good history, I had the financial possibilities to finalize the investments I had begun.
I did not give up the business, neither under the pressure of the media lynching, nor as a result of the repeated harassment, even though I had been attacked from several directions. Chronologically speaking, first was organized the criminal attack of 24 May 2015, which destroyed my life, followed a few days later by the DNA assault through which (at least) my public defamation and the ruin of my businesses were sought. It seems that the two assaults were not enough and there followed a third liquidation action carried out by an unjust judge from Arad. The sentence of the “magistrate” from Arad was subsequently overturned, but the harm had been done. Its effect was devastating. It was, simply, a textbook lynching.

An Execution Committed Through the Court

At the end of 2015, judge Szep Sandor Otto of the Arad Tribunal obliged our firm to pay 1,700,000 euros, even though that sum was found with documents in the accounts of the plaintiff. The abuse was overturned by the sentences of the superior courts, but the restoration of the truth was done too late. During the trial, our firm went bankrupt, the business registered a decrease in turnover of over 44 million lei in a single year, and over a hundred people lost their jobs. In order to understand how much harm was done to us, I present the financial and employee history of our company, before and after we entered insolvency, as a result of the abusive Decision of judge Szep Sandor Otto, of the Arad Tribunal, of 08.12.2015.

ABI Automotion was founded in 2004 – the financial situation in the last 10 years (Ministry of Finance)

TABEL

Very briefly, the story of the judicial “execution” is this: on 08.12.2015, through civil sentence no. 948, the Arad Tribunal abusively ordered “the restoration of the parties to the situation prior to the legally null sale, by obliging the defendant, SC ABI Automotion SRL, to return to the plaintiff, SC Aral Energy SRL, the sum of 1,700,000 Euros, or the equivalent in lei, representing the countervalue of the buildings, consisting of two gas stations, located in the town of Nădlac, PCTF zone, Arad County” (doc.1). On 22.12.2015 the request formulated by the creditor SC Aral Energy SRL, through judicial liquidator Activ Grup IPURL, in contradiction with the debtor SC ABI Automotion SRL (former SC Speedy Driver SRL) was admitted in the Council Chamber at the Arad Tribunal and consequently: “Orders the establishment in favor of the creditor of the precautionary seizure over the movable and immovable goods of the defendant debtor, up to the amount of 1,700,000 Euros resulting from Civil Sentence no. 948/08.12.2015, pronounced in file no. 7969/108/2013. Enforceable” (doc.2). These sentences were judicial horrors in the true sense of the word, because that is when our company, SC ABI Automotion SRL, was also executed by a judge who responded to an order of the system. (You cannot – if you are a good-faith judge! – order the return of the sum of 1,700,000 Euros, given that this sum was paid into the plaintiff’s bank accounts, to cover its debts.)As a result of this decision we were forced to request the opening of the bankruptcy procedure, which was approved by the Hunedoara Tribunal through Conclusion no. 53/F/CC/2016, in File no. 273/97/2016, of
27.01.2016 (doc.3). Subsequently, the Timişoara Court of Appeal, through Civil Decision no. 317, of 14.04.2016, admits the appeal declared by Abi Automotion, against civil sentence no. 948/8.12.2015, pronounced by the Arad Tribunal, in file no. 7969/108/2013 and rejects the request of the plaintiff Aral Energy SRL regarding the restoration of the parties to the situation prior to the sale, by obliging the defendant Abi Automotion to return the sum of 1,700,000 euros (doc.4). The Decision of the Timişoara Court of Appeal was maintained by the High Court of Cassation and Justice as well, through Decision no. 970 in file no. 7969/108/2013, of 25.05.2018, but when the correct sentences were given in our favor, the harm was already done. Our company went bankrupt, and the contracts with the suppliers and clients were lost, the activity of the firm being concluded.

For the accomplishment of the economic lynching, a judge like Szep Sandor Otto and a judicial executor such as Biriş Ioan were needed. Judge Szep Sandor Otto was promoted president of the Arad Tribunal a month after the High Court proved that the sentence given by him in our case is profoundly unjust. Then, in December 2021, he retired and was reactivated as secretary of state at the Ministry of Justice. That is how the magistrates of the SYSTEM are “punished.” As for the executor Biriş Ioan, what more can I say?! In the west of the country it is notorious that Biriş Ioan, the administrator of the insolvency firm Activ Grup IPURL, was the “house” liquidator of the firms in the circle of the former Democratic Liberal Party (PDL) Arad. Biriş Ioan died in a ditch, at the edge of the locality of Şagu, on 19 February 2020, at a “hunting party” about which we will not find out much. In any case, the biographical details of these characters seem cut out of films with traffickers of influence.

Under the Assault of Judicial “Conjuring Tricks”

The disinformation of the environmental agitators prepared the ground for the judicial abuses to seem less obvious. The hashtag challenges led to Decision no. 1728/2016 of the Alba-Iulia Court of Appeal, which ordered the annulment of the Classification Stage Decision no. 1327/26.08.2013 (issued by the Hunedoara Environmental Protection Agency) on the grounds that the objective would violate art. 3 para. (4) of GD no. 2151/2004, namely “the lack of the management plan of the Hațeg Country Dinosaur Geopark Natural Park” (doc.5).The decision of the judges of the Alba Iulia Court of Appeal is unjust for at least three reasons. First of all, the area is governed by two overlapping protected areas, and the most restrictive one –
the Natura 2000 Strei-Haţeg site, permits the carrying out of the investments. Moreover, the land on which the investments were begun is in the sustainable development area of the locality. As proof, it is included in the local development strategy of Sălaşu de Sus commune (2021-2027), a fact reconfirmed by the PUG approved in 2020 and by the approvals given by the Ministry of the Environment in 2019.

Then, the second protected area also places our objectives in the sustainable development area, only that the Management Plan of the Geopark has not been submitted for governmental approval since 2006. It is not our fault that some public officials violate the law and do not submit the documents for approval within the terms established by the legislator. Thirdly, the Court’s Decision did not stop the constructions in the area. We are the only ones who cannot build anything “in the absence of the Management Plan,” even though annually 30-40 constructions are authorized in the Hațeg Country Dinosaur Geopark Natural Park (doc.6). As can be seen, the Court’s Decision is not given to protect the environment, but only in order to become the ideal screen for the wheeling and dealing with approvals that are issued on clientelist criteria. Even though the projects are considered legal and useful, we have been blocked from continuing them ever since 2016 through a legal conjuring trick, profoundly unjust, followed by a series of abusive decisions. That is why the actions directed against the projects at Râul Alb cannot be legitimate!

We all understand that a large part of the heads of the public institutions are the people of the “system,” recruited according to their availability for servility. In the “Scandal at Râul Alb,” the promotion of “yes-men” to leadership positions occurred constantly after each abuse committed.