Supreme Court overturns Court of Appeals decision in case of irregular land sale in Los Tres Brazos

SANTO DOMINGO.- The Supreme Court of Justice annulled the decision of the Third Criminal Chamber of the Court of Appeals of the National District, which had refused to declare the extinction of the criminal action against several officials and businessmen accused of the irregular sale of land in the Los Tres Brazos sector. The court, composed of Francisco Jerez Mena, Nancy Salcedo Fernández, Fran Euclides Soto Sánchez, María Garabito Ramírez and Francisco Ortega Polanco, ordered the holding of a new hearing to review the appeals of the accused. In addition, it ordered that the case be referred to the Presidency of the Criminal Chamber of the Court of Appeal to appoint a new chamber, with the exception of the Third Chamber, to hear the matter.

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The ruling, issued on July 31, 2025, grants “merit” to the cassation appeals filed by several individuals and entities, including Juana Inés Gómez Williams, Lisetel González Sánchez, Manuel Joaquín Aybar Ferrando, Leoncio Almánzar Objío, Proyecciones Inmobiliarias Gowi, S.R.L., and seven other parties. The Supreme Court considered that the Court of Appeals violated due process by deciding on the appeals without holding a public hearing, a mandatory requirement according to the Criminal Procedure Code. Furthermore, it pointed out that the decision made in chambers violates the effective judicial protection and the right to defense of the accused, since article 420 of the Code requires setting a hearing once the appeal has been admitted.

Although the petitioners requested that the First Chamber of the Court of Appeals also be excluded, the Supreme Court rejected this request, clarifying that the judges of that chamber who did not previously hear the case can rule on the appeals.

It should be noted that the Fourth Collegiate Court of the National District had declared the extinction of the criminal action in favor of:

• Leoncio Almánzar Objío, former director of the Dominican Corporation of State-Owned Enterprises (CORDE)
• Manuel Joaquín Aybar Ferrando, Irving José Cruz Crespo, Carlos Aris Gómez Williams, Julio César Gómez Williams and Domingo Gerardo Lebrón de los Santos
• As well as Lisetel González Sánchez, Juana Ynés Gómez Williams and the companies Proyecciones Inmobiliarias Gowi, Fernández Parache y asociados (Infepa), Soluciones Eléctricas Sidenet and Tekknowlogic Dominicana

The Supreme Court ordered the reopening of the process and the review of the appeals under the corresponding legal guidelines, annulling the previous decision of the Third Criminal Chamber.