By unanimous vote, the Supreme Court of the Province of Buenos Aires put
an end to a very long judicial process that began almost eighteen years ago
, by issuing a final sentence and ratifying that
Sandra Junior (Borda
, until she changed her birth name to that of her mother, Marta Junior)
is not the daughter of Roberto Sánchez, that is, of Sandro, the idol.
.
On Friday, February 23, judges Hilda Kogan, Sergio Gabriel Torres, Daniel Fernando Soria and Luis Esteban Genoud confirmed the ruling of the I and II instance and the opinion of the Attorney General Julio Conte Grand in case C. 124,254, “ BORDA SANDRA EDIT C/ BORDA CARLOS ENRIQUE AND OTHERS WITHOUT MATTER TO CATEGORIZE.”
As soon as he was notified, Gustavo Frasquet, lawyer for
Olga Garaventa de Sánchez
, widow of the idol, spoke with
Clarín
:
“The trial judge had already correctly substantiated it with
the genetic test that determines, with a degree of probability of 99.9, the certainty that she was not his daughter
.
But there is also
a previous DNA, which Roberto did when he was alive, which also tested negative
and which was incorporated into the case.”
The Supreme Court of Justice rejected the appeals that Borda raised with the intention of continuing to discuss the question of filiation, but the judges' argument is lapidary: She is not Roberto Sánchez's daughter," the lawyer confirmed.
Sandro willingly underwent DNA studies and offered to pay for them out of pocket.
Photo: Clarín Archive
The sentence inside
The members of the Court started from the two questions that arise from the presentation made by Borda's lawyers: Is the extraordinary appeal for annulment founded?
And if not, is it the inapplicability of law?
Ruling of the Supreme Court of Justice of the Province of Buenos Aires on the case of Roberto Sánchez and his alleged paternity, which was negative.
The answers are part of the statement, reflected in the eight pages of the sentence, where a meticulous detail of what was done is made, it
points out that “a legal absurdity is incurred”
and
questions, among other things, the lack of foundations of the “actor”
, the tone used and the requests, among them, a new exhumation of Roberto Sánchez.
“Ms. SEB (Sandra Edith Borda) filed an action to challenge filiation with respect to Mr. CEB (Carlos Enrique Borda) and, in the same act, an action to recognize filiation against Mr. RS (Roberto Sánchez).”
“In the articulated lawsuit he stated that in 1965 his mother MBJ (Marta Borda) met RS, popularly known as "S."
(Sandro), and together they began a hidden relationship that lasted several years, despite the categorical refusal of the maternal family.
Some time later, MB met CEB with whom she formalized a relationship and finally married.
However, the meetings with the popular singer continued to take place.”
“In said context - briefly outlined here - the plaintiff stated that on June 7, 1968, her half-sister, AAB, was born, and that, three months later, her mother MB became pregnant again, which led to the relationship with her couple will begin to deteriorate.”
“The foundations of the appealed resolution (the first instance ruling) were based on the assessment of the expert evidence, the results obtained from the DNA genetic test that was carried out with the cadaveric remains of the defendant and the blood sample from the plaintiff, as well as in the testimonial evidence.
By virtue of them, the a quo considered
the absence of the father/daughter bond intended by SEJ (formerly B.) between her and whoever was RS during her life
.
“In turn, Chamber III of the Second Chamber of Civil and Commercial Appeals of the aforementioned judicial department confirmed the contested sentence.”
Part of the sentence in the case of the alleged paternity of Roberto Sánchez, Sandro.
The same was negative for the Supreme Court of Justice of the Province of Buenos Aires.
“To reach this conclusion, the Court of Appeal issued measures to better provide for the rights compromised and in order to examine the expertise carried out in the original instance, which culminated in the comparison of the cadaveric remains obtained in a timely manner and the blood sample preserved by CentraLab, the result of which indicated that both samples are not mutually exclusive, corresponding to the same genetic material.”
“In short, the mere dissent of the appellant with the conclusion reached by the Court of Appeal does not show that the respective assessment of the appealed court is absurd.”
“In this particular case, as well founded by the Chamber, an unquestionable response was reached based on the expert report that supported the original expertise carried out and on which the appellant's criticisms and doubts weighed.
So, if this is not the object of an attack, the attempted remedy becomes ineffective to reverse what was decided.”
An image of Sandra Borda.
The woman has just received confirmation from the Court that she is not the daughter of Roberto Sánchez.
Photo: repro Pronto magazine
"Although the interested party has questioned and raised throughout the process her doubts about the RS blood sample reserved in CentraLab since December 5, 2005, as well as about the taking of samples from the deceased's cadaveric remains, -which served as an argument to offer the evidence whose pretermination by the Court of Appeal here he questions-, the truth is that he should have refuted - and did not do so - in a clear and precise manner the main argument of the ruling in crisis, referring to the fact that The result of the DNA genetic test carried out with both samples conclusively concludes that it is the same person, strengthening the scientific evidence on which the first instance ruling was based that indicated the lack of biological link between the plaintiff and the causant.
This result destroys the questions and doubts raised by the appellant throughout the process and renders the rest of the evidence offered inconclusive."
“Due to what is stated in the above agreement, in accordance with the ruling of the Attorney General,
the extraordinary appeals for nullity and inapplicability of law attempted are rejected, with costs to the defeated appellant.”
The third negative ruling, voted unanimously (added to the also negative opinion of the Attorney General) in the highest sphere of Justice of the Province of Buenos Aires leaves no doubt about the evidence presented, and ratifies the most important:
the DNA that, in All the forms carried out established the nonexistence of the biological link between Sandra Borda and Roberto Sánchez
.
In addition, Borda must bear the expenses generated by the now rejected lawsuit.
The word of Olga, Sandro's wife
Olga Garaventa.
Sandro's wife, in the house they shared in Banfield.
Photo: Maxi Failla
When asked about the sentence, Olga Garaventa, in an exclusive dialogue with
Clarín
, expressed:
“I was always respectful of justice and was always at its disposal.
I am convinced that
God puts things in their place and, sooner or later, the truth comes to light
."
And she closed: "I am at peace, because I always proceeded correctly and, above all, because
I know that my husband can now rest in peace
."
The cause, step by step
Year 2006
.
The claim is initiated at the Mediation Center of the Lomas de Zamora Bar Association.
Then it continues in Family Court No. 3 of that town.
When Sandro receives the notification document at his home in Banfield,
he offers, through his lawyer Roberto Beninati, to pay for the private DNA study that Sandra Borda carried out on April 13, 2007
.
The result is negative (he always assured that he did not have children) and the claim is concluded.
January 8, 2010.
Four days after the death of her husband, Olga Garaventa de Sánchez
receives a judicial notification prohibiting the cremation of his body
(two days before his remains had been buried in the Gloriam cemetery, Longchamps).
Sandro will always be remembered for his songs and the unconditional love of his fans.
Photo: Roberto Sánchez personal archive
August 3, 2010.
The file is opened in the Civil and Commercial Court No. 20 of La Plata.
October 2010.
Sandra Borda appears for the first time on television.
October 5, 2015.
By order of Judge Miriam B. Celle,
Sandro's body is exhumed
.
The report by expert María Atilia Gómez of the La Plata Expert Advisory Office is forceful: “The observed results are incompatible with the existence of a father/daughter link between the samples labeled as belonging to whoever was Roberto Sánchez and Borda Sandra Edit ”.
December 26, 2016.
Judge Federico Martínez issues a final ruling: “Rejecting the lawsuit that Sandra Edit Junior (formerly Borda) initiated against Roberto Sánchez – her successors for recognition of extramarital affiliation.
Sandra Junior, changes lawyers and appeals the ruling.
October 2018.
Chamber III of the Second Court of Appeal of the Judicial Department of La Plata makes room for a new DNA comparison considering the samples extracted in the exhumation and even the DNA that had been carried out privately and that had not been accepted as evidence in the first instance.
December 5, 2019.
Chamber III confirms the first instance ruling.
Sandra Borda changes lawyers again and files an appeal before the High Provincial Court.
February 14, 2022.
The Attorney General issues his opinion “I believe that the Supreme Court of Justice of the Province of Buenos Aires should reject both remedies attempted.”
February 23, 2024.
The Supreme Court of Justice of the Province of Buenos Aires issues a final ruling: She
is not Sandro's daughter
.