There was a trial, it was annulled and a new one was held.
That time, the annulment was raised by those who represented
the family of Lucía Pérez (16)
, the adolescent who died in 2016. Now, a new proposal
also demands the annulment of the second debate
, but it comes from the sidewalk across the street, from the Defense of the main defendant, accused of sexual abuse and femicide.
The foundation?
A photo, and what you read in it
: "A rude and undue interference of the Executive Power over the Judicial Power", considered the official defender Laura Solari when she saw the image replicated in the media and asked the Oral Criminal Court on Mar 2 del Plata to annul the trial because "due process, the right to defense in trial and impartiality have been seriously violated."
The photo was shared by none other than
President Alberto Fernández on his social networks
.
There she is shown with Marta Montero and Guillermo Pérez, the victim's parents, the three of them holding white bibs with the image of the adolescent in black and white and the legend "Lucía, we swear to win for you."
"We must demand the
search for justice
for the femicide of Lucía Pérez. Her mother, Marta Montero, and her father, Guillermo Peréz, have my commitment and absolute accompaniment in their fight, which keeps the demand for justice alive," he wrote in his account @alferdez.
The tweet continues: "Lucía's case is paradigmatic of the lack of gender perspective that the Judiciary has. We are not
going to allow impunity in the name of any of the girls that we lack."
She did so on
International Women's Day
, the week before the second trial is due to be sentenced;
Exactly one week after that last hearing, scheduled for noon on Friday the 17th,
the official defender asked that the debate be declared null and void
.
For the defender Laura Solari, who represents Matías Farías, the main defendant, principles established in article 109 of the National Constitution
are being violated
, where the jurisdictional exercise free of pressure from the Executive Power is protected.
"In no case can the President of the Nation exercise judicial functions, arrogate knowledge of pending cases or restore the deceased," he said.
Solari understands that "it is a matter of
the utmost institutional gravity
" and that "the consummation of this violation is perfected with the mere verification of the interference of the Executive Power in a pending case, as soon as during the deliberation process prior to the issuance of the sentence ”.
In the letter in which he raises the annulment, he also requested that proceedings be referred to the Federal Justice so that the president and the Secretary of Human Rights of the Nation, Horacio Pietragalla, be investigated.
He understands that his statements "contrary to his functions" could frame behaviors compatible with
crimes of public action
.
Lucía Pérez was 16 years old.
She died on October 8, 2016. File Photo
Alberto Fernández visited Mar del Pata on Tuesday, he arrived to inaugurate the building of a technological institute and then, in Chapadmalal, the Evita Beach Games.
There, at the presidential residence,
he received the parents of Lucía Pérez
.
"Our commitment and daily work is for a society free of gender-based violence. Let's be clear, at its best,
machismo kills
," the president continued.
And he said that he told them that "they have the strength and presence of the Executive Power in this new trial that they have had to go through after the scandalous acquittal of the defendants in 2018."
Lucía Pérez died on October 8, 2016 in the house of Matías Farías (29).
From there, she and her friend Juan Pablo Offidani (48), they took her in the back of a truck to a neighborhood health room;
she arrived without vital signs.
They had met the day before, when the boy sold her marijuana one block from the school where she studied the minor.
The first trial was held in November 2018 and both defendants were
convicted of selling drugs
near a school to 8 years in prison (for this reason they are still in prison), but
acquitted of the crime of sexual abuse followed by death
that they were accused of.
Relatives of Lucía Pérez after the acquittal of the two defendants, in the trial that took place in 2018. File Photo Two of the defendants were acquitted for these crimes and sentenced
After appeals, the Court of Cassation annulled the trial because the ruling, they said,
lacked a gender perspective
, and ordered that a new one be held and that it be carried out by a new court, which occurred since last February 7.
Nothing changed in this second debate, with the same evidence each party replied to the penalty request.
Prosecutor Leandro Arévalo and the complaint maintain that Farías
sexually abused the young woman and that he supplied her with "indeterminate" amounts of cocaine and marijuana
that morning, and requested a life sentence for the main defendant for sexual abuse and femicide;
for Offidani, as a participant, a minimum sentence of 15 years.
For the defenders, Solari and César Sivo, for Offidani, "there was no crime", they said that the sexual relations between the two "were desired" and that Farías did not exercise any violence against the young woman.
They asked that both be acquitted.
Judges Alexis Simaz, Roberto Falcone and Gustavo Fissore will announce the verdict at noon on March 17, but before that they must rule on the request for annulment for the photo that features the president who, Solari denounced, "has committed a gross, flagrant and prohibited
interference of powers
".
Silver Sea. Correspondent
ACE
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