Guillermo Villarreal
02/26/2020 - 15:21
- Clarín.com
- Society
The first onslaught that the rugby's lawyer formalized against the prosecutor of the case, through a request for recusal for alleged irregularities in the investigation, was rejected by the court of appeal. The Court of Guarantees of Villa Gesell did not place the request, so prosecutor Verónica Zamboni will continue to direct the case for the murder of Fernando Báez Sosa (18).
"Ultimately," says Judge of Guarantees David Mancinelli after analyzing the arguments of defender Hugo Tomei, the proposals made do not have enough entity to remove the investigation at the head of Mrs. Fiscal Agent, so I resolve not to do place to challenge . "
The defender has already appealed to the Chamber of Appeals and Guarantees of Pain to resolve the preventive detention issued for the eight defendants, detained in the warden of the Penal Unit 6 of Dolores; now he could do it again to appeal the measure dictated by Mancinelli.
The same arguments that Tomei presented for Zamboni to be challenged constitute a criminal complaint that is processed in the UFI No. 4 of Dolores, by prosecutor Mario Pérez. But for the lawyers of the parents of the victim, members of the Fernando Burlando study, they argued that such a complaint, "having been initiated after the beginning of the present investigation, cannot and should not be taken into account as grounds for recusal." .
The lawyer Hugo Tomei.Photo: Fernando de la Orden.
In resolving, Mancinelli said the criminal complaint " does not constitute grounds for recusal ; to admit otherwise would be to establish what some have called, the forum shopping."
For lawyers, the challenge statement "has been proposed without the least support." They indicated that it is an argument that the defense "first articulated as nullity, then as a complaint and now as a challenge" and that "no action by the prosecutor that could be considered an excess has been verified in the course of the investigation. ".
The defender of the ten rugby players, the eight detainees in Dolores and Juan Pedro Guarino and Alejo Milanesi, the two who regained their freedom due to lack of evidence, although still accused, questioned Zamboni’s performance from the very beginning of the case, and wielded alleged irregularities in the first investigation, in one of the witness recognition wheels and when taking a statement to a witness.
To these issues he added the supposed meeting that the prosecutor would have had with Burlando and the parents of Fernando, María Graciela Sosa and Silvino Báez. "Not being accredited by the party or stating to the undersigned that this has happened so; it is not appropriate to issue me in this regard," replied the judge.
"The various expositions made in any way are sufficient to generate a mantle of subjectivity in relation to the work carried out by Mrs. Fiscal Agent, and even less to question the feasibility for the continuation of the investigation," Mancinelli said by not making room upon request.
The murder of Báez Sosa occurred on January 18 at the door of Le Brique, after an argument by a pogo in the middle of the bowling alley.
EMJ