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Outside 'InsideCostaRica' Hank is a freelance contributor. The opinions expressed here are his own and do not necessarily reflect the opinion of insidecostarica.com.  Write Hank at: sky_boy@swbell.net Be A Contributor! Click here.

Home For The Holidays?

For almost a week now, Osvaldo Villalobos is once again enjoying surroundings other than those of a prison cell or hospital room.

The younger brother of the Steward of our Money has returned home, albeit not his old and public one, but a home none the less with only access given to relatives, close friends and of course inspecting agents from the government who swing by unannounced for a boca and to make sure their man is staying put.

This is not real freedom and it is good to keep in mind that this scenario is best compared with the 'Out On Bail' situation we are familiar with in the Real Free World.

As a result, Osvaldo is still in isolation but with a definite improvement of the Comfort Zone.

Well deserved?

Yes, I think so.

Some may disagree - but to be locked away for this length of time without any charges is ridiculous.
Even though it is completely legal in the outdated world of archaeic Napoleonic Code, a year in the slammer under these conditions is ludicrous, unfair and a violation of human rights.

Preventive Incarceration does have - and did serve - some purpose.

In the "Olden Days" of travelling judges and a legal system spread too thin, it made perfect sense to hold the accused until legal help arrived at the scene.

Or in matters that are so immensely and confusingly complicated that it requires Einsteinian brainwork to solve, it is a welcome and handy tool!

In this particular case, this legal option has been grossly abused by the prosecution for two self-serving reasons:

First; there is no case and time is needed to fabricate one. And second; a cornered cat could make unexpected leaps...

Osvaldo Villalobos Camacho, after spending almost a full year in the slammer, did not what the prosecution expected him to do.

Look, I have never "done time" but I have visited inmates and some of you out there may have spent time behind bars...

Deserved or not, it ain't a happy place and many will do whatever it takes to get the hell out of there!

So why then didn't Osvaldo?

The Judge and prosecutor fully expected this man to give up. They have been waiting for the moment where this abandoned soul would break down and give them his sibling and then some.

They were hoping that like any criminal, Osvaldo would capitulate and tell them what they wanted to hear in exchange for freedom so they could then proceed with formal charges against Enrique.

What crook would not break down during incarceration and forge a deal? An outlaw with nothing to loose, abandoned by his brother and partner in crime, can easily be convinced to turn against his loved ones and former associates.

Instead the prosecutor and judge got nothing and as time passed they became more aggressive and desperate.

Deals were offered and immediately rejected. Confessions were suggested but never volunteered...

Why?

Because an innocent man can not confess to crimes that were never committed...

As this dragged on, the pressure continued to mount and slowly the deck was being stacked against those who thought they had the upper hand because they had "the law" on their side.

But Osvaldo remained silent and beyond their wildest dreams, even the Foolish Gringo's did not fade away but became well-organized and even managed to procure able and high profile legal representation!

I cannot tell you if the timing of Osvaldo's home-coming is a coincidence or the result of several events that took place.

There was of course the meeting between UCCR and the prosecutor. Now we have a new Judge and a case that is slowly wrapping up it's "Investigative Phase" without any real results.

We also have an increased momentum in the withdrawel of claims, slowly but surely these filers are realizing that they are hurting matters more than helping.

Some were conned into filing these anyway through the "Victim's Assistance Office"; what a name...because who cares about the real victims in this ordeal?

NOT the prosecutor, that's for sure!

When - not if, but WHEN this case is won, Enrique and Osvaldo will have a clear and unobstructed path to come forward and do what is right.

If one brother has the cohones big and brassy enough to withstand a year in the big house, than it is to be expected that this fierce attitude runs in the family and thus Enrique has the ability to stay high and dry for as long as it takes.

While it is my sincere hope that JMV and the UCCR are already meeting and planning with Osvaldo, as they full and well should on behalf of all investors, it is obvious that no public statements will come forth - although badly needed - while the legal proceedings continue.

And of course, the prosecutor is already appealing Osvaldo's freedom loudly and vehemently. In his opinion, Madam Justice has erred tremendously but let's hope that her ruling stands and prevails.

It is very encouraging to have a new judge who seems independent from this man who cares nothing about 6289 people. Maybe she understands the law better than he does.

Because, you see, one should never enforce the law to simply serve it.
The law should be enforced to serve the people.

If anyone in the "legal" system of Costa Rica would have truly cared about the people, instead of raiding The Brothers' offices and homes, they would have discussed the matter as civil human beings and given Enrique a chance to do what is right.

Instead of forcing a shut-down, they would have asked him to pay off his creditors...
This has been done before and still happens in civilized areas of the world.

Instead they played terminator with disastrous results.

Eventually, their total mishandling of this matter and the abuse of the power they unfortunately hold will backfire loud and destructively. That time is nearing...

Until then, let's hope that Osvaldo is really home for the holidays and that his brother shows up to wish him - and all of us - a very prosperous New Year...

Hank




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