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Court orders preventive custody for Karin Abu Naba'a

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Court orders preventive custody for Karin Abu Nabaa
SANTO DOMINGO. The court decreed two months of preventive custody yesterday, as a coercive measure, against the naturalized American Karim Abu Naba'a Nicolas, who is accused of death threats against a man that had purchased a painting from him for US$69,000.

The process originated in a request to open a trial against Naba'a Nicolas, who was arraigned previously by Judge Patricia Padilla Rosario, but did not appear.

The magistrate declared the man to be in contempt of court and ordered his arrest, placed a travel ban and published his personal information in a national newspaper.

Naba'a Nicolas, a fugitive since 15 April 2011, was arrested in the dawn hours of Saturday when he arrived in the country at 12:50 a.m. on American Airlines flight 260, from Miami. The District Attorney requested preventive custody, but he was favored with bail and a travel ban.

Nonetheless, backed by the fact that there are two decrees of contempt of court, the Justice Department presented him before Judge Padilla, who ordered him to two months of preventive custody, after removing the charge of contempt of court that weighed against the defendant.

The Justice Department suggested that on 6 January 2010 Naba'a Nicolas signed a sales contract for one of Ivan Tovar's paintings with Hector Antonio Baez Garcia, at a price of US$69,000. Baez Garcia was the buyer and the foreigner was the seller. The delivery did not take place because the painting was in the hands of Elias Barnichta and the defendant promised to deliver it as soon as possible. "A reasonable period of time was exhausted; the parties signed an agreement in which if the seller, today the defendant, did not deliver the work of art, he should return the money to the buyer, today the plaintiff, by 4 June 2010."

When the day came, Baez called Naba'a Nicolas so that the deal could be completed, and he was told that Naba'a Nicolas was out of the city and to please extend the deadline until 9 June.

The plaintiff went to Barnichta so that he could hand over the work of art. "When the defendant found out of this notification, he began to insult and threaten the plaintiff and his wife."