Lucia Salinas
09/01/2020 - 10:57
Clarín.com
Politics
Pablo Moyano's lawyer presented a document before the court to request that the call for investigation by the deputy attorney general of Lomas de Zamora, Sebastián Scalera, arranged for this Thursday at 11am, be annulled. For Daniel Llermanos, defender of the son of the leader of Truckers, the prosecutor's decision is not legal, and that is why he
again asked for its nullity to be declared.
However, Judge Brenda Madrid
decided not to suspend the hearing,
and the investigation will be carried out as indicated by the representative of the Public Prosecutor's Office.
For the Scalera prosecutor's office, there are sufficient elements to attribute to Pablo Moyano "the crime
of illicit association as chief
."
For this reason, ten days ago the judicial official had called him to an investigation, which must be effective this Thursday.
The file investigates an illicit association with
fraud against the Independiente club.
But Pablo Moyano
refused to testify this Thursday
, arguing that there was a previous decision -of August 20- where the judge in the case, Brenda Madrid, "decided to annul the call for an investigation by Pablo Moyano who had made the Deputy Attorney General Scalera ".
For this reason, the lawyer considered that "it corresponds that from now on, who must order and carry out all the acts or measures to take place in this investigation is the intervening Prosecutor's Office" and not the prosecutor Sebastián Scalera.
The judge's response, turned on a facet, meant a setback for Hugo Moyano's son.
"With this new resolution of the Attorney General's Office, it will
not be appropriate to make room for the suspension of the hearing requested by the Defense,
since clearly the recently appointed Attorney General has ordered that Dr. Sebastián Scalera continue in the investigation."
Likewise, Madrid indicated that "without prejudice to leaving safe that this Guarantor Judge knows her powers as a magistrate and that in no way did she try to
restrict the activity of the Public Prosecutor's Office
in this,
or in any other process."
Pablo Moyano, eldest son of the trucker chief and number two in the union, a month ago with Interior Minister Eduardo "Wado" De Pedro.
Two weeks ago, the head of the Prosecutors Coordination Unit had summoned the son of the head of the Truckers Guild for investigation.
The prosecutors of the Fiscal Unit 3 of Avellaneda, Elbio Laborde and Solange Cáceres, had requested the collaboration of Scalera.
As in the province the investigation is delegated to the prosecutors, Scalera set the investigation for last Friday, but Pablo Moyano's lawyer, Daniel Llermanos, requested the postponement of the hearing and the annulment of the case to the guarantee judge Brenda Madrid .
The magistrate's response was to transfer the prosecutors Laborde and Cáceres, who addressed Llermanos's arguments.
This resulted in a new proposal, and on the competence and scope of the Unit that Scalera directs, the interim attorney general Carlos Baccini spoke, who
endorsed his participation
.
For this reason, this Monday the prosecutor in the case on the fraud of the Independent Club again summoned Moyano.
The trade unionist's defense considered that
this new summons should be declared void.
He argued that it is the power of the guarantees judges "to ensure constitutional order throughout the process", and that "the legal framework of the Guarantees Court and the recursive scheme tried to be violated in an ostensibly rude way by Scalera and Baccini, who
claimed rise against a jurisdictional decision by way of an administrative act
of superintendency ".
But Judge Brenda Madrid pointed out that Attorney General Baccini resolved "
within the framework of the powers that correspond to that Ministry
, once again the intervention of the General Coordination Unit for cases of Complex Crimes and Organized Crime," although she noted that the measure "It was not formally communicated to this headquarters" and that it observed "untidiness displayed by the Chamber Prosecutor's Office in this particular case, insofar as the intervention prosecutor's offices have been designated and changed repeatedly",
there were not enough arguments to suspend the inquiry of Pablo Moyano.
Alberto Fernández with Pablo Moyano, during the electoral campaign.
The file investigates an illicit association with fraud against the Independiente club.
In December, the Avellaneda judge, Brenda Madrid, closed the investigation and
sent the bar Pablo "Bebote" Álvarez to an oral trial
as head of the illegal association, along with Damián Lagaronne, Roberto (Polish) Petrov, Noray Nakis and Hector “ Yoyo ”Maldonado among others.
The vice president of the club,
Pablo Moyano, is accused of having directed the illicit association together with Álvarez,
but as he was later incorporated into the investigation, he is not included in this section of the case that the magistrate has already raised to oral proceedings.
The accusation claims that "from an undetermined date and at least until the month of November 2017, an illicit association made up of a variable and undetermined group of male and female persons, all of legal age, was operating, one being part of it. faction of the fans of the Independiente club ".
This claim was supported by the Lomas de Zamora Criminal Chamber, by rejecting
claims
by
Noray Nakis and Héctor "Yoyo" Maldonado
, also involved in the case.
This group of people led by Pablo "Bebote" Álvarez -who according to his confession as repentant in turn responded to Pablo Moyano's orders- "met regularly on the grounds of football matches where the team intervenes in the vicinity of their stadium, in addition to their headquarters and places where the matches are played, as well as the places where Independiente's first division team concentrates prior to the matches and at the training venues ".
Among other aspects, the accusation highlights that the fraud against Independiente "through the
management, obtaining, hidden printing and reselling of tickets
, 'protocols' of access to the sporting events of said institution, bonds and social contributions outside the corporate sphere and without entering the economic product to the patrimony of the Club ”.
