Cuban court could decide Canadian businessman's fate this week

TORONTO -- The fate of a Canadian businessman who has been held in Cuba for nearly three years, much of that time without being charged, may be decided by the end of the week in a trial playing out in the Communist island nation.

It was nearly three years ago, in 2011, that Cy Tokmakjian voluntarily drove himself to meet with Cuban investigators to speed up their probe during a government crackdown on corruption.

“He was so sure he had done nothing wrong that he drove himself there,” a source close to the situation told CTVNews.ca.

Instead of being released, however, the now-74-year-old Thornhill, Ont. father of three, grandfather of 7, was held.

Tokmakjian was arrested in September, 2011 and was only formally charged in February 2014 with bribery, fraud, currency trafficking, forgery, tax evasion and crimes against the Cuban economy.

But those close to him say the charges against him are without merit.

“The allegations and charges made against the Tokmakjian Group by Cuban authorities are completely baseless and the defence will show that clearly,” the company’s vice president of finance, Lee Hacker, said in a statement.

“However, because of serious concerns with the lack of due process, transparency and independence in the Cuban system, we fear that the outcome has already been predetermined.”

His trial began on June 9 and could wrap up as early as this Friday.

In the time since he was taken into detention, he has been incarcerated in La Condesa, a notorious Cuban prison on the outskirts of Havana. In frail health, he has since been transferred to a military hospital where he is currently housed.

Despite pressure from Cuban authorities to sign “confessions” to minor offences that he would have to face in a minor trial, to be released immediately, Tokmakjian has remained steadfast in his innocence, choosing instead to have his day in court.

'Popular and respected citizen'

Indeed, the case has drawn condemnation from Canadian politicians such as Conservative MP Peter Kent, who has known Tokmakjian for many years and has described him as a “popular and respected’ citizen unfairly snared in Cuban Interior Ministry’s sweeping anti-corruption crusade.

Tokmakjian, an Armenian born in Syria before immigrating to Canada, started his first business in Ontario more than 40 years ago. The Tokmakjian Group remains one of Canada’s largest transportation companies, selling buses and other vehicles, as well as parts, to both private and public companies.

In 1988, the business expanded into a number of countries, including Cuba, where subsidiary Tokmakjian Limited has sold a variety of goods. Between 1996 and 2011, the company did more than $600 million worth of business in Cuba, according to a statement of defence obtained by CTVNews.ca.

Tokmakjian’s company has “generated jobs and prosperity for Cuban workers and their families and the wider Cuban economy,” Hacker said in his statement, noting that all business dealings “have been of the highest ethical standards and in full accordance with all applicable laws.”

The Cuban government, however, alleges that Tokmakjian extended financial favours to Cuban officials to further his business dealings. The statement of defence accuses the prosecution of trying to “spice up contractual and commercial relations with criminal elements.”

It also alleges that the prosecution has unfairly zeroed in on Tokmakjian.

'Investors beware'

Kent visited Tokmakjian at La Condesa both when he was Minister of State for Foreign Affairs and later. He declined to speak to CTVNews.ca this week about Tokmakjian’s case as it moves through trial.

But Kent has said in an April blog post that Ottawa has regularly requested that the Cuban government allow Tokmakjian a fair trial or that he be released from detention, and his seized assets restored.

Kent has long spoken out against Tokmakjian’s detention and has warned Canadian investors of a changing business climate in Cuba despite claims it wants to entice more foreign investment.

In the same blog post, Kent noted that Tokmakjian was recognized by the Cuban government “for his integrity and his contributions to Cuba’s economy through various joint ventures and closely audited partnerships.”

“Throughout his detention, Cy has denied all allegations of wrongdoing,” Kent wrote.

“At the same time, Cy has been pressured by the Cuban investigators to sign a variety of ‘confessions,’” to secure more lenient treatment and immediate release, Kent wrote.

In a March tweet, Kent called the allegations against Tokmakjian “dubious,” and warned: “Investors beware.”

Tokmakjian’s family has been in close contact with the Canadian government and consular officials in Cuba.

“Consular services are being provided to the Canadian citizen who is detained in Cuba,” the Department of Foreign Affairs said in a statement to CTVNews.ca.

“Canadian consular officials in Havana are engaging in local authorities and continue to monitor the case closely.”

Lawsuits seeks millions

Meanwhile, due to concerns about the outcome of Tokmakjian’s trial, the Tokmakjian Group filed a statement of claim in April against the Republic of Cuba, seeking $150 million in damages “for unlawful seizure, conversion, unjust enrichment and unlawful interference with economic relations.”

The suit alleges that not only did the Cuban government seize company assets, but carried on its business operations, and “been enriched by these unlawful acts, the detriment and deprivation of Tokmakjian Group and Tokmakjian Limited.”

The suit also seeks $10 million in punitive damages, related legal costs and damages for future economic losses.

The suit was filed in Ontario Superior Court, and it asks that the case be heard in Toronto. It remains unclear whether the Cuban government would recognize any decision by a Canadian court.

“Tokmakjian’s integrity is beyond reproach,” Hacker said in his statement noting his successful business relationships spanning multiple countries and four decades.

“We remain hopeful that in the end, justice will prevail.”