On the afternoon of 10/9, Pham Thai Ha, former deputy director of the National Assembly Office and former aide to the ex-National Assembly chair, had two lawyers present their defense arguments after the procuracy proposed a 5-6 year prison sentence for abusing his position and power to influence others for personal gain.

The proposed sentence for Ha is the third highest among the 29 defendants, following mastermind Nguyen Duy Hung, former chairman of Thuan An Group (10-11 years), Tran Anh Quang, former general director of Thuan An (6-7 years), and Nguyen Van Thao, former director of the Bac Giang Project Management Board (6-7 years), who received the largest sum of 11 billion VND.

Lawyer urges judges to "put themselves in the defendant's shoes"

Ha is accused of influencing former Bac Giang Provincial Party Secretary Duong Van Thai, advocating for Thuan An Group during a dinner at the former National Assembly chair's residence, enabling the company to win the bid for the 1,100+ billion VND Dong Viet Bridge project.

Nearly 40 lawyers defended the 29 defendants. Photo: Danh Lam

Nearly 40 lawyers defended the 29 defendants. Photo: Danh Lam

Defending Ha, lawyer Tran Viet Hung argued his client's role was "very faint," as the entire case file contained no messages between Ha and Thai regarding the matter, nor any messages between Ha and Hung about soliciting favors.

Citing Hung's testimony during the interrogation, the lawyer confirmed his client had a long-standing relationship with former secretary Thai. Hung then took the initiative to visit Bac Giang, meet, and make the proposal, while there were no private meals between Ha and Thai.

According to the lawyer, the only time his client met with Thai was at the dinner at the then National Assembly chair's house. Ha merely said, "Thuan An is a capable unit, please consider allowing this group to participate in the project," as stated in the indictment. And the defendant admitted this in court.

"At that dinner, defendant Ha was passively unaware, just a participant. Hung and Thai were leading the discussion," Ha's lawyer said.

Echoing his colleague, lawyer Luong Van Trung twice urged the judges to "put themselves in the defendant's shoes" to gain a comprehensive view of the case and see that Ha's influence and impact was "very light."

Pham Thai Ha faces a proposed 5-6 year prison sentence. Photo: Pham Du

Pham Thai Ha faces a proposed 5-6 year prison sentence. Photo: Pham Du

Lawyer Trung recalled defendant Hung's testimony of frequently "meeting and discussing" with former secretary Thai and only wanting Ha to "add a word of support."

"The question is, when did Thai decide to help Thuan An? When Hung spoke to him, when they dined at the senior leader's house, or only when Ha spoke those words during the dinner?" the lawyer posed.

According to the lawyer, the dinner at the National Assembly chair's house was organized by Hung. Therefore, "when one is able to organize a dinner at a senior leader's home, is it necessary to wait for Thai's assistance?"

While affirming that his client's support for Thuan An was wrong, and even more so given the 750 million VND received "exceeding the level of pure social and emotional exchange," the lawyer argued that the facts of the case show "Hung didn't need Ha, everything proceeded smoothly" and "Hung knew how to handle things if he wanted to."

Lawyer Trung argued that his client's support for Thuan An Group was "wrong but not dangerous." Ha fell into a "cognitive blind spot" when he wanted to help his friend out of friendship. This act occurred when he held a "very important, sensitive position with prospects for higher office," but now his future is ruined. "That is already a huge punishment."

Regarding the 750 million VND, lawyer Tran Viet Hung said this stemmed from a close, family-like relationship, so gifts were exchanged between the two families during holidays and Tet. "Not only did Hung give gifts, but Ha also gave Tet gifts to Hung's family many times. Exchanging gifts during Tet is a very normal custom in our country," the lawyer argued, stating his client received the money as a token of long-standing friendship, not in his official capacity.

The lawyer requested the judges to be "extremely cautious and objective" when considering relationships between government officials and close friends, to determine when it constitutes a criminal act and when it is merely an expression of affection.

Both of Ha's lawyers argued that a 5-6 year sentence was too harsh and proposed reducing it to 3-3.5 years. According to lawyer Trung, imprisonment is just a punishment, "but for educating someone highly educated like Ha, perhaps the moment he was prosecuted, he learned his lesson. Frankly, he'll be scared for life," the lawyer stated.

Ha agreed with the defense arguments of his two lawyers and offered no further comments.

Former Bac Giang chairman receives leniency plea from orphans

Facing a proposed 3-4 year sentence for abuse of power while on duty, former Bac Giang vice chairman Le O Pich also offered no defense, only asking for leniency and deferring to his lawyer.

Former Bac Giang Vice Chairman Le O Pich. Photo: Danh Lam

Former Bac Giang Vice Chairman Le O Pich. Photo: Danh Lam

Lawyer Nguyen Van Tu recounted the context of Bac Giang being the epicenter of the Covid-19 pandemic. Pich, at the time, had achieved outstanding results in epidemic prevention and control, ensuring people's livelihoods, and was known locally as a "hero in the fight against the epidemic."

Pich and his wife have contributed to charity work and caring for orphans for 10 years, which has been recognized by the children. Currently, these children, along with numerous individuals and organizations, have submitted petitions to the court requesting a reduced sentence for Pich.

According to the lawyer, the Dong Viet Bridge project, implemented immediately after the Covid-19 pandemic, was identified as an urgent infrastructure project and a key driver for local economic development. However, it involved complex technology and high difficulty. If standard bidding procedures were followed, it would be challenging to complete the project on time due to the complex and lengthy bidding process. Pich's intervention in the bidding process was wrong, but his "ultimate goal" was not personal gain, but to ensure the project's smooth and timely implementation.

The lawyer stated that his client did not coerce, collude with, or harass the business. The bridge was completed 4 months ahead of schedule, saving 13 billion VND in budget, ensuring quality and safe construction.

Dong Viet Bridge spans the Thuong River, connecting Bac Giang and Hai Duong, 811 m long and 23.5 m wide. Photo: Hai Phong Newspaper

Dong Viet Bridge spans the Thuong River, connecting Bac Giang and Hai Duong, 811 m long and 23.5 m wide. Photo: Hai Phong Newspaper

Defending the former chairman of Thuan An, lawyers stated that two out of five projects with violations in this case were completed ahead of schedule: Vinh Tuy 2 Bridge (6 months) and the Tuyen Quang - Phu Tho Expressway project (2 years).

According to lawyers Nguyen Thi Thu and Lam Ngoc Ly, Hung's violations occurred in the context of business difficulties following the epidemic. Thuan An Group had not received full payment from investors, and rising material prices led to significant cost overruns in later projects, causing substantial losses and prolonged financial pressure.

The lawyers said that in this context, Hung had to "find ways to undertake more projects" to offset losses and secure jobs for thousands of workers. This led to the violations. However, these were not acts aimed at personal gain, but choices made in difficult circumstances for the survival of the entire collective. Therefore, the lawyers requested the court to grant their client a lighter sentence than the 10-11 years proposed by the procuracy.

Today, the prosecution will respond to these defense arguments.

Thanh Lam