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Almost nine months reached the Western Metropolitan Regional Prosecutor, José Luis Pérez, to process the investigation that was opened on December 30 of last year when Judge Cristián Soto, of the Fourth Oral Court of Santiago, denounced his peer, Judge Laura Assef, with whom he had shared for six months in the second trial of the so-called Cascadas case, in which the former executive linked to SQM, Aldo Motta Camp, was acquitted.
A few days ago, the National Attorney Jorge Abbott decided that this inquiry, in which it seeks to clarify whether the magistrate had inappropriate contacts with the defense of the former manager of Pampa Calichera, as maintained by the judge who presided over the second oral trial in the Cascadas case, remains in the hands of the eastern metropolitan regional prosecutor Manuel Guerra.
Already this week a new complaint had reached the investigator, which this time affects Judge Soto. Defense attorneys Gabriel Zaliasnik and Samuel Donoso They denounced him for having drawn up a conviction before the closing arguments of the oral trial were made, which in the opinion of the professionals would constitute the crime of prevarication.
The complaints made between the two magistrates, that have generated splinters in the Fourth Oral Court of Santiago, were left in the hands of the prosecutor Guerra, who has already given reserved proceedings.
The Abbott’s decision to change investigator was adopted after Motta’s defense request the inability of prosecutor Pérez and a summary against him, after win before the Bar Association an injunction against the Western metropolitan chief who seized emails in the framework of the investigation against Assef.
The National Prosecutor’s Office agreed with the member of its ranks and rejected that there was an implication, for which it also ruled out initiating an administrative investigation and Just to guarantee objectivity, it was determined that everything remains in the hands of the Eastern Prosecutor’s Office.
In the resolution, to which you agreed Third, it is detailed that on August 31, the defense requested a change of investigator because Pérez could be affected by a cause of disability. After requesting a report from the aforementioned, the National Prosecutor’s Office determined that “the aforementioned regional prosecutor expresses in its report: that it does not have the animosity towards any of the parties to the case referred to by the complainants in their presentation, which does not exist in their respect, or in respect of any other intervening enmity, hatred of resentment that jeopardizes the principle of objectivity that guides and has always guided their actions, so the cause invoked by the claimants ”.
Along with this, Pérez defended the diligence that earned him a sanction from the Bar Association against him. “That the investigation procedures decreed in the case are pertinent and necessary to investigate the crime denounced, in order to rule out or confirm the existence of the punishable act and the participation. The above, especially considering the seriousness of the facts that are the subject of the investigation and the circumstance that the complainant was a judge who participated directly in the trial in which the same would have taken place. In this context, it should be noted that the intrusive measure, was duly authorized by the court of guarantee, which, at the time, shared the grounds of the request and the need to decree it “.
In this regard, the national prosecutor argued that heThe post office seizure proceeding was “plausible” and that the e-mails of the defender Bárbara Yévenes were not protected by the lawyer-client employment relationship, since she does not have that relationship with Judge Assef, who is a defendant in the case.
“(Prosecutor Pérez) acted judicially authorized, and entrusted the investigation to the Anti-Corruption Brigade of the PDI, a specialized unit that is directed by Don Pietro Hernández, and in which the lawyers have been able to initiate a precautionary measure and suspend that diligence”. Given the allegations of the defenders, that the diligence could affect Motta’s right to defense, by allowing her communications during the Cascadas case with the lawyer Yévenes to be seen,. the national prosecutor replied that “it is necessary to record that the aforementioned trial is over, and consequently it cannot harm the right to defense of Mr. Aldo Motta.”
Despite the explicit support for all the actions of prosecutor Pérez, Abbott decided to send both complaints involving two judges of the Republic to the Eastern Prosecutor’s Office. “Having in consideration of reasons of transparency and autonomy and in order that there is a guarantee for all those involved From the criminal investigation, it is pertinent that another Regional Prosecutor of the Public Ministry be appointed to assume the direction of said investigation, ”he said in his resolution.
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