By Escarlin Pozo
El Inmobiliario
SANTO DOMINGO.- Speaking about the tragedy that occurred at Jet Set, after some media outlets reported on the alleged freezing of assets belonging to the club's owner, Antonio Espaillat, lawyer Francisco Álvarez Martínez stated that the Public Prosecutor's Office has the power to request a competent judge to freeze funds and assets when it deems it necessary.
The lawyer, however, expressed skepticism that such a measure had been implemented. He explained that there is a possibility that the authorities will request the Superintendency of Banks and Securities to issue reports on Espaillat's accounts, as well as information on his real estate holdings.
“Now, what are the consequences if that were true? –regarding the immobilization– Number one, and I say this in an illustrative sense, a seal is placed on all the company's assets. This will prevent the person from being able to dispose of them,” the expert explained while speaking with the hosts of the program “El Día” on Telesistema.
Francisco Álvarez Martínez. (EXTERNAL SOURCE).
Referring to the coverage for damages caused by the collapse of the nightclub roof, which left 232 dead and more than 180 injured, the lawyer indicated that the insurance contracted could function as a complementary guarantee.
However, he pointed out that if the insured amount is insufficient, the company will have to cover the difference.
“Now, if the damage exceeds those conditions, obviously, the person, in this case the company, has to answer for that difference because the insurance contracted by the nightclub owner will not be imposed on the third party who suffered the damage. That is, as it says here, a guarantee from the business owner, but it is not something that will condition the possibility of the victim, the affected party, or the people linked to the victim, accessing compensation,” he stated.
He also maintained that, in principle, the responsibility to pay falls on the company, and that if it cannot cover all the claims—which could come from some 400 people with different reasons and amounts—the partners do not automatically respond with their assets.
“The partners could only be held liable eventually for the nominal value they have within the company, but even that is not something that happens automatically,” he clarified.
Francisco Álvarez considered the case "complex" and said that this unfortunate tragedy could mark a turning point in Dominican jurisprudence.
“I honestly believe this is a landmark case in the Dominican Republic because it will clash with many long-standing historical principles. Let's say it will be seen as a matter of social justice,” said the legal expert, who is a founding partner of the firm Fabogados.
