Efigénio Baptista said that Ndambi Guebuza's refusal to share the $50 million in bribes, which he was supposed to share with António Carlos do Rosário and Gregório Leão, in the first contract with Privinvest, was the reason that the three, associated with Manuel Renato Matusse, had the idea of changing the initial contract, with the aim of underbilling the price of equipment to make more money in the business. The judge said he still had no doubt that Renato Matusse, then an aide to Armando Guebuza, participated in those negotiations.
The financing contract between ProIndicus and Credit Suisse for the purchase of equipment to protect the Exclusive Economic Zone was two years increased in 2013, and Efigénio Baptista has no doubts about the reasons for this. "From the association of the facts and circumstances that have been established up to this point, it is easy to conclude with certainty that the reason for the changes to proindicus' initial contract was the refusal of the defendant Ndambi Guebuza to share the 50 million dollars with the co-defendants António Carlos do Rosário and Gregory Leo," Baptista said, then explained that the defendants acted, with the help of Credit Suisse and Prinvivest.
"As the financing contract was already concluded, the only way they found to obtain additional bribe money was to change the supply contract and, consequently, change the financing contract. This criminal plan was orchestrated by the defendant António Carlos do Rosário, in coluio with the defendant Ndambi Guebuza, Jean Boustani, Gregory Leo José and Manuel Renato Matusse. Indeed, Andrew Pearse of Credit Suisse sent, on April 19, 2013, anemail to the defendantsAntónio Carlos do Rosário and Manuel Renato Matusse with a copy for Jean Boustani. On April 22, 2013, the defendant António Carlos do Rosário forwarded to the co-defendant Ndambi Guebuza ane-mailwith the subject 'loan from Credit Suisse to ProIndicus' with the following content: I was contacted by Mr. Jean Boustani, who mentioned that you have some questions regarding the increase of 200 million U.S. dollars of a loan from Credit Suisse to ProIndicus. I would like to reiterate that the proposed increase will be provided by Credit Suisse," he said.
The judge dispelled doubts about the participation of armando gebuza's former private aide in the scheme.
"There are no doubts that the defendant Manuel Renato Matusse was part of the criminal group that decided to change the contracts of ProIndicus in order to obtain additional money for payment of bribes. In fact, thee-mailwith a matter 'loan from Credit Suisse to ProIndicus' was sent to the defendant António Carlos do Rosário and also to the defendant Manuel Renato Matusse", he clarified.
The judge of the case also said that Privinvest did not use its money to bribe the defendants, but that such amounts were derived from the underbilling of the costs of the means, that is, the Privinvest Group paid the bribes with the money of the Mozambican state.
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