**Updates IFEX alert dated 23 May 1996** Source: “La Republica” daily newspaper Ricardo Palma Michelsen, owner of Lima’s Radio Miraflores radio station, succeeded in getting the order to detain him overturned in the ongoing tax evasion case against him. He was freed on 500,000 soles bail (US$ 206,000). However, Criminal Court Eleven judge William Paco […]
**Updates IFEX alert dated 23 May 1996**
Source: “La Republica” daily newspaper
Ricardo Palma Michelsen, owner of Lima’s Radio Miraflores radio
station, succeeded in getting the order to detain him overturned
in the ongoing tax evasion case against him. He was freed on
500,000 soles bail (US$ 206,000).
However, Criminal Court Eleven judge William Paco Castillo Davila
agreed with Tax Court judge Saul Pena Farfan’s assessment that
enough evidence exists against Palma Michelsen to continue
prosecuting him. Castillo Davila explained that, since the alleged
offence took place between 1991 and 1995, a previous law in effect
at the time would apply. The law in question provided for one to
four years’ imprisonment for tax fraud.
Palma Michelsen’s lawyer, Armando Lengua Balbi, said the bail
which was set was manageable compared to the amount requested by
the prosecution (equivalent to thirty percent of the total tax
debt claimed, or 5,000,000 soles/$US 2,100,000). Dr. Ruben
Soldevilla Gala, the prosecuting lawyer for the Superintendencia
Nacional de Administracion Tributaria (SUNAT, the government
agency responsible for policing taxation and contraband), was
disappointed at the granting of bail, and said his team would
decide whether to contest the decision.
On 22 May, Palma Michelsen accused SUNAT of tricking him, saying
he was on his way to talk with SUNAT about his financial problems
when the agency detained him and charged him with tax evasion.
Palma Michelsen also emphasized that he does not feel betrayed by
Radio Miraflores accountant Manuel Jesus Garrido Silva, who went
to SUNAT to report on irregularities in the radio station’s books.
Silva approached SUNAT on 12 December 1995 and reportedly told the
agency he would reveal information in exchange for protection from
detention under Law 25582, which exonerates individuals who
provide verifiable information on crimes against the state. Palma
Michelsen said he had already revealed much the same information
to the agency himself. Palma Michelsen made these statements while
being transferred to a courthouse holding cell after his hearing
with judge Saul Pena Farfan. Guards prevented him from speaking
freely to the press.
Palma Michelsen’s lawyer claimed SUNAT was treating his client
like a petty criminal and manipulating Silva’s statement. On 22
May, SUNAT issued a statement detailing their search of Radio
Miraflores’ premises and maintaining that SUNAT has followed
procedure to the letter in this case.
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