Cristina Kirchner once again bounced against a wall in her plan to displace two chambermaids who must review their conviction for corruption in public works in the Vialidad case.
These are Gustavo Hornos and Mariano Borinsky, members of the Fourth Chamber of the Federal Chamber of Criminal Cassation, who already have in their hands the file in which she lives and her partner Lázaro Báez were sentenced to six years in prison by the Federal Oral Court 2, which disseminated the grounds of that sentence on March 9.
Cristina seeks to remove Hornos and Borinsky under the argument that both visited the Quinta de Olivos or the Casa Rosada when Mauricio Macri was president, for which they were investigated and dismissed.
The chambers rejected in limine the recusal against them by the vice president, who insisted with a horizontal cassation appeal so that the judges would agree to depart from the Vialidad case. That attempt, declared inadmissible by Hornos and Borinsky, was rejected by this Wednesday.
In order for the review of Cristina's sentence to advance in the Cassation, it is necessary to circumvent the replacement of Javier Carbajo, the third judge of the IV Chamber who excused himself when the case reached the Chamber.
Rejection of the son of Lázaro Báez
The Vialidad case, at the end of whose oral trial Cristina Kirchner and Lázaro Báez were sentenced to six years in prison for defrauding the State, still has some sections pending resolution, depending on the degree of progress of the investigation regarding the different participants in the maneuver explained in the grounds of March 9, 2023.
In one of these pending sections, the lawyers of Carlos Joaquín Alonso, Sergio Passacantando and Martín Báez had filed an appeal against the rejection of the request for recusal of the judges of the Federal Oral Court 2, Rodrigo Giménez Uriburu, Jorge Gorini and Andrés Basso.
That request was rejected on Wednesday by the Fourth Chamber of the Federal Chamber of Criminal Cassation, composed of Hornos and Borinsky.
Currently, the second section of Roads is located in the TOF 2 awaiting the completion of the oral trial in which they will be judged, among others, Carlos Joaquín Alonso, Sergio Passacantando -Deputy General Manager and Manager of the National Directorate of Roads, respectively- and Martín Antonio Báez.
All are credited with having intervened in the fraud against the public administration for which Lázaro Báez, Mauricio Collareda, Raúl Daruich, Cristina Fernández de Kichner, José López, Raúl Pavesi, Nelson Periotti, José Raúl Santibañez and Juan Carlos Villafañe were convicted.
The defense of the accused challenged all the judges of the court, considering that they had prejudged when issuing sentence in the first section of the Vialidad case.
The rejection of the request for recusal was confirmed by Chamber IV of Cassation, considering that the removal of the judges based solely on their intervention in a previous process and within the framework of their own functions was inadmissible.
In addition, the chambers explained that, in the case, the exceptional circumstances that allowed the issue to be addressed in the "Llerena", "Dieser," and "Lamas" rulings of the Supreme Court of Justice of the Nation are not configured either.
In the first stage of the trial by Vialidad, the judges did not assess the possible responsibility of the people who will now be tried, so now their impartiality is not disputed.
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