03/23/2021 18:24
Clarín.com
Politics
Updated 03/23/2021 19:03
The federal chamber of Buenos Aires unanimously decided to
unarchive
the case to investigate Operation Puf through which Kirchnerism tried to annul the case of the Bribery Notebooks and ordered federal judge Marcelo Martínez Di Giorgi to
deepen the investigation.
The decision was made by the judges of Chamber I of that court, Eduardo Farah, Mariano Llorens and Leopoldo Bruglia.
The Puf Operation was launched by
former K officials imprisoned in Ezeiza and the Instituto Patria launched in January 2019
to carry out a “shopping forum” maneuver (choose a friendly judge) to bring the complaint of the “retired agricultural producer” Pedro Etchebest to the Dolores court that was then directed by the member of Legitimate Justice, Alejo Ramos Padilla.
Last September, Judge Martínez Di Giorgi filed the case opened for a complaint by the reference of Cambiemos, Elisa Carrió, because he said that the maneuver
"did not harm"
the cause of the Notebooks because it reached an oral trial.
But the prosecutor Carlos Stornelli, one of the objectives of the operation, together with the late judge Claudio Bonadio and the
Clarín
journalist
Daniel Santoro,
appealed
the case file.
The ruling indicates that Martínez Di Giorgi "limited himself to analyzing and ruling out that through conversations" in which the former secretary of Planning Coordination, Roberto Baratta, and other former K officials
anticipated ten days before that Etchebest
was going to file a complaint " spontaneous "in the court of Dolores.
They even say in telephone conversations that Judge Ramos Padilla, current head of the La Plata court, "took a trip" and is already "operating."
Ramos Padilla Jr.
denied
having found out before Etchebest filed the complaint on January 28, 2018 in his court after an interview between Stornelli, the false lawyer Marcelo D'Alessio and the governor of Salta, Gustavo Sáenz, in Pinamar.
But conversations recorded by court order cast doubt on that claim.
Di Giorgi said that Operation Puf, the name given to it by Cristina Kirchner's deputy and operator, Eduardo Valdés, in a famous conversation with former Secretary of Transportation Juan Pablo Schiavi, "
did not succeed in
hindering the instruction" of the cause. of the Notebooks.
"Such a conclusion
does not find factual basis
in the
scant
investigative
activity
carried out by Martínez Di Giorgi, the evidence collected in the proceedings being as insufficient as
its interpretation
biased
, ignoring the courses of action proposed by the prosecution," says the ruling.
Judge Martínez Di Giorgi "with generic affirmations and references to other investigations,
failed to give real treatment
to those events with signs of verisimilitude that arise from the transcripts and were denounced."
The court ordered the judge to deepen the investigation and
define
the procedural object, among other measures.
"It is
common
practice
in this type of event to use judicial procedures as
a vehicle to carry out various political maneuvers
, which have public opinion as their real target, but which have nothing to do with the administration of justice," he warned.
Such circumstance requires “an acute work on the part of those who are called to administer justice in
the same way that the Hon.
Federal Chamber of Mar del Plata which,
recently, has put in order the object of the investigation processed in the Federal Court of Dolores ".
The Mar del Plata court "understood that
there was no evidence
of the probable participation of Carlos Stornelli in the extortionary maneuver that had been practiced to the detriment of Pedro Etchebest, which is why it revoked his prosecution." In addition, the chamber annulled the two prosecutions that Ramos Padilla had dictated against Santoro.
The ruling highlighted that the conversations of the former prisoners in Ezeiza –which Kirchnerism wants to annul as evidence- "would give an account of the start-up of the operation that
existed, which were duly obtained
in the framework of a criminal investigation by the Federal Court n ° 2 of Lomas de Zamora and ordered by Judge Federico Villena ”.
This investigation, unlike that stated by Martínez Di Giorgi “could
be criminal
in
nature,
regardless of whether or not the objective could have actually materialized”.
The camera considered that “after making a detailed detail of the wiretaps, it considered that its content
was so graphic, explicit and forceful that it left the so-called“ Operative Puf ”uncovered
”.
The judges ordered Martínez Di Giorgi to incorporate new complaints from Stornelli and “
exhaust
the evidence proposed in the present case, or produce others that would tend to deepen the categorical speeches exchanged by different characters, where undoubtedly his person was referred to with negatives and disastrous omens and to the judge of the case being processed in Dolores
in more than suggestive terms
”.
In addition, the court recalled that the deputy attorney general of the chamber, José Luis Agüero Iturbe,
adhered to Stornelli's appeal,
understanding that “the suitable and conducive evidence that allows overcoming the uncertainty about the existence of the fact delimited by the Public Prosecutor's Office ”.
The chamber
rejected the "offending terms"
of a presentation by Ramos Padilla's father and chamber judge, Juan Ramos Padilla.
Before the Etchebest presentation, he met with Eduardo Valdés at the Puiggari spa, Entre Ríos.
The court asked the Council of the Magistracy and the CABA bar association to
sanction Ramos Padilla Sr. for his ethical misconduct.
On the other hand, the Cassation Chamber
approved
the extension of the preventive prison that Marcelo D'Alessio has been serving for two years but not in the case of Dolores, but in an attempt to extort the customs broker, Gabriel Traficante.
