02/18/2020 - 18:10
- Clarín.com
- Society
Will they break the silence pact or not? This is the question that will have an answer this Wednesday at Villa Gesell, when the eight rugby players charged as "co-authors" of Fernando Báez Sosa's crime (18) are face to face with prosecutor Verónica Zamboni.
The judicial officer, who was challenged by the defense attorney for the detainees, will again investigate them. In addition, he will inform them of the decision to accuse everyone of the co-authorship of the homicide, and of the double aggravation of the crime and the premeditated contest of two or more people, such as the injuries suffered by the friends of the victim.
Máximo Thomsen (20) and Ciro Pertossi (19) had been considered "co-authors" in the first stage of the instruction. But on Monday, Zamboni added Luciano Pertossi (18), Ayrton Viollaz (20), Matías Benicelli (20), Lucas Pertossi (20), Enzo Comelli (19) and Blas Cinalli (18).
The eight remain detained in the town hall of Dolores, where they will be transferred this Wednesday, very early.
Transfer of detainees in the Fernando Báez Sosa case. Photo Maxi Failla
The only ones who will continue to be accused as "necessary participants" will be Alejo Milanesi (20) and Juan Pedro Guarino (19), who regained their freedom last Monday, February 10 for "lack of merit", and are expected to be investigated next Thursday .
Tomei gave no details about whether the defendants will give a statement or if they will choose not to do so, as happened on the first occasion, the day after Fernando's crime, which occurred on January 18 at the door of the Le Brique bowling alley.
The lawyer, who on Tuesday did not attend a prosecution hearing of the prosecutor, convened by the judge of Guarantees David Mancinelli, asked that the inquiries be suspended, which was rejected, and insisted on his questioning of Zamboni’s performance.
Mancinelli must resolve the issue, probably in writing, and has five days to do so, Télam said .
In parallel, Tomei asked that the inquiries be suspended and warned that he called attention "the prosecutor's urgency to order new hearings for the accused when their challenge is being processed and the criminal complaint against him."
His statement was based on the complaint of "illegitimate deprivation of liberty, false public instrument and breach of the duties of a public official " against Zamboni, in addition to the nullity indicated in respect of a testimonial statement, a round of recognition and inquiries of the rugbiers.
The lawyer denounced the prosecutor at the end of last week's hearing with the judge and the parties in Villa Gesell, so Mancinelli sent a copy to the Dolores general prosecutor, in charge of Diego Escoda, who appointed the prosecutor Mario Pérez to investigate whether a crime was actually committed.
For the defender, at the time of the investigation of the ten rugby players, the day after Fernando's crime, there were "irregularities due to lack of communication to the accused" of the facts for which they were accused and the minutes, incorporated into the second body of the file, "did not reflect the reality" of what happened.
Tomei questioned the validity of the inquiries from the "short duration" of between 1 and 5 minutes of each of them, as recorded in the records incorporated into the case, and in that regard he considered that the arrests are based on "null elements".
The proposal to suspend the inquiries was rejected since it is not provided in the Buenos Aires Criminal Procedure Code that the defense may require that, because that act is a function and a duty of the prosecutor.
EMJ