The decision began to be debated on Wednesday and ended up closing yesterday afternoon: lhe defenses of all those accused of the celebration in the Quinta de Olivos will not appeal the decision of Judge Sebastián Casanello to send the file to the federal justice of San Isidro. The decision, of course, includes President Alberto Fernández. Neither will the prosecutor Ramiro González appeal. “He has no grievances,” said a judicial source.
Casanello declared himself incompetent to intervene in the case because he maintained that the events occurred in Olivos and that, therefore, the federal justice of San Isidro should intervene.
“We are not facing continuous or permanent crimes that have involved different jurisdictions, or crimes committed at a distance. Here, according to the cuts made in the complaints – collected by the Prosecutor’s Office -, the place of the action and the result is the same and does not involve the Autonomous City of Buenos Aires, ”he said in his resolution.
Nobody expected that decision. “It was a shot of cold water”, Agreed two of the consulted lawyers.
From that moment on, a three-day period was opened to appeal, which expires on Monday morning. But yesterday the defense lawyers ruled out that possibility in informal talks that they held throughout the day. “It is not going to appeal,” he told Infobae a source close to the defenses.
President Alberto Fernández approved this strategy coordinated by the first lady’s lawyer, Juan Pablo Fioribello, who also defends four other defendants together with his partner Mariano Lizardo.
Although it has had a different strategy than that group of defenders and has already made a request for the unconstitutionality of the Necessity and Urgency decrees (DNU) issued by the president to establish restrictions during the pandemic, Stefanía Dominguez’s lawyer, Mauricio D’Alessandro, confirmed to this medium last night that he will not appeal Casanello’s ruling either.
In this way, the file should land on the same Monday in the Lino Mirabelli court, which is on duty throughout the month of September. But the story is not closed: that magistrate will have to decide whether to keep the case or hand it over to Judge Sandra Arroyo Salgado, who has another complaint about the party in Olivos presented by the lawyer Alejandro Sarubbi Benítez.
That complaint, which specifically pointed to the celebration of July 14, 2020 in the fifth of Olivos, is dated August 12 but was settled the next day in the Arroyo Salgado court. The judge had already asked Casanello about the main cause, but she did not ask for the case.
Mirabelli could also reject the competition and return the file to Casanello. In that case, the Federal Chamber of Comodoro Py should decide who gets it.
If there are no surprises, Mirabelli should answer the unconstitutionality request made by D’Alessandro and then transfer the parts of the presentation made by the President, who appeared in the case as his own lawyer and requested his dismissal or, in case they do not accept it, an economic conciliation to close the case.
Yesterday the Government came out to whitewash that it does not want Arroyo Salgado in the case. The person in charge of exposing this position was the Vice Minister of Justice, Juan Martín Mena. “I think it is known to everyone that with our political space, Arroyo Salgado clearly does not guarantee any type of objectivity or impartiality, because his conduct demonstrated it in recent years. It is not the best option if an impartial investigation is expected. There are public opinions that are very personal, and it is respectable, “he said in a report with Radio 10.
Apart from these statements, the lawyers are already studying the latest rulings of Judge Mirabelli in other cases due to Article 205. Although he prosecuted the surfer who returned from Brazil on vacation and then brought to trial the personal trainer who violated the quarantine and attacked a security clerk in his building, the attorneys get excited about other, more unknown cases that ended with a settlement.
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