The Supreme Court of Justice confirmed this Thursday the rejection of the
claim for damages
by a former Kirchnerist minister against journalists
Jorge Lanata and Nicolás Wiñazki.
In the first instance, the justice had ordered the payment of
600,000 pesos
to the former head of Agriculture
Norberto Yauhar
, but later the Civil Chamber annulled that sentence.
Now the Court ratified that position and closed the case.
With the signature of the ministers
Horacio Rosatti, Carlos Rosenkrantz and Juan Carlos Maqueda
, the Supreme Court of Justice of the Nation dismissed the lawsuit initiated by Yauhar, as a result of
a journalistic investigation in a case for drug trafficking.
In 2013, the radio programs Lanata sin filtro and Cada mañana, on radio Miter, advanced the investigation that would be broadcast on the television program Periodismo para Todos, regarding the discovery of 110 kilos of cocaine concealed in boxes of shrimp
on
a fishing vessel owned by the firm Poseidón, in Puerto Madryn.
Poseidon was made up of a single person who could not justify its acquisition from a financial point of view.
That person was sentenced to 9 years in prison for drug storage.
The journalistic report gave an account of the interest of the then minister Yauhar in the criminal case for drug trafficking that was opened as a result of the discovery.
Also of
the former official's links with the supposed owner of the ship
and with the accountant Eduardo Williams, head of the electoral campaign of the local political space of Yauhar and financial advisor of the fishing company, with whom he had previously worked in the Revenue agency of the province.
In this framework, the theory that the former minister would be the true owner
of the boat was considered
.
That suggestion prompted Yauhar's lawsuit for damages.
In the first instance, he was partially admitted and ordered to compensate him with 600,000 pesos, only for the demonstrations in which it was said that "he is in the drug business", "he has contact with the drug traffickers" and "at some point he is going to go prisoner, for drug trafficking”, since it was understood that they were
categorical statements and not opinions
, and there were no elements to link him to those activities.
The decision was appealed, and
Room G of the Civil Chamber not only revoked it
, but also rejected the claim in all its parts.
He understood that the journalistic report contained
a combination of facts and opinions;
that the search for the truth and the indisputable public interest of the issue required that it be submitted to public opinion, and that
knowledge of the falsehood of the news was not demonstrated,
nor was there any lack of interest in finding the truth.
The Chamber also pointed out that even though
some passages of the report could be offensive and annoying
to the plaintiff, it was a public official involved in a matter of public interest that requires greater tolerance.
The Court ratified that position this Thursday.
look also
Axel Kicillof, in the march for Cristina Kirchner before the Supreme Court: "If Cristina wants to, the people will accompany her"
look also
The suggestive phrase of Cristina Kirchner during a meeting with trade unionists that feeds the clamor operation