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Since leaving jail Captain Yáber -the morning of May 21-, the economist Rafael Garay Pita (44) has kept absolute silence. The businessman sentenced on October 18, 2018 to seven years in prison for the crime of repeated fraud, usually avoids the media. Any type of approach is rejected outright.
After defrauding 29 people with a total loss of $ 1,300 million, the commercial engineer – who was manager of studies at Felices y Forrados, a company owned by Gino Lorenzini, who has been at the center of the debate due to his ties to Ximena and Ricardo Rincón – requested the April 12, 2020 his parole. He did badly in the Court of Appeals and later appealed to the Supreme Court. Here the highest court granted the petition, determining that the inmate met the conditions required for the benefit. In the early morning of May 21, Garay was released.
How did your defense convince the magistrates? Your lawyer Linda Catalan Appelgren presented a series of documents to support the interest of his client to reintegrate into society. Among the documents in the portfolio were two reports that turned out to be critical. The first of them was made by Marisol Rodriguez, partner of Social Expertise, a firm that is dedicated to the preparation of judicial reports. While the second was in the hands of the psychologist Juan Carlos Cárdenas.
The work was not easy. In those days, the Santiago commune was in quarantine and the expert had to make her report -funded by Rafael’s mother, Nivia Pita Vives (73)– through telephone interviews. He even received a video of the apartment that the future economist would live in with his partner Antonella Torelli -Nurse at the Luis Calvo Mackenna Hospital- and his son Santino (4).
In the study of the social worker -to which La Tercera PM had access-, Garay explained that “alcoholism is a chronic disease, I must always take care, take safeguards. When I was away, Mauricio Droguett, (psychiatrist) saw me at that moment. My idea is to continue treatment with him. Obviously I need to generate lucas to finance it and also to follow psychological therapy. I have a rigid mental structure ”.
His plan once he was out of prison, he said, aimed to resume his studies and prepare his doctoral thesis at the Lleida University of Spain. “My idea is to collect the payment to enable the continuation of my studies and to assign me a tutor from Spain,” he explained. According to him, his studies fit his work project. The reason? Since February 2020, companies have a new way of paying taxes and in those days he was offered a job in an accounting consultancy. Working from home and spending more time with her family “for a matter of tranquility” was her biggest goal.
In fact, the social worker explained that Garay’s greatest concern prior to leaving prison is “public exposure”, although she indicates “the harassment was not excessive during the 10 days that he was released in December 2017.” “Compared to before, when I came from Romania, it was less. They were only a few days below the building ”, explained Garay.
At the interview, Rafael Garay revealed to the social worker Netflix’s interest in his story. Although he did not reach an agreement, the idea was to resume the talks once he left the prison, which could lead to his case going to the small screen.
“I have a plan to return the money to the 29 victims. I wrote a book and I already had a rapprochement with people from Netflix. I told them no, to have other negotiation instances once I was out “said the economist. The reason? Due to the effect of hearing the testimony in the trial against him: “Many victims I did not know. Empathize with others … It hurt me to hear stories, not only due to financial damage, but also moral. They lost confidence. That damage is irreparable and I delved into the construction of the damage caused. Before it was something theoretical, because I committed a criminal offense. I deserve what happened. It was what corresponded ”, explained Garay.
To date, however, this approach remains pending. “The three victims that I represented have not been paid. They only received something like $ 800 thousand for each product of what was left over from the auction that was made by a Civil Court, for non-payment of a loan to Banco Santander by Garay, “says former prosecutor Sabas Chahuán.
The Social Expertise document also reveals that Rafael Garay’s routine in prison changed in January 2018, when he began to work from Monday to Friday: “I clean the living room, the hallway and the bathrooms. I carry the parcels. I have also washed dishes at gendarmerie events. At the ranch, wash the dishes for breakfast, lunch, trays, wash the pots where food is prepared … raise garbage containers. All this is not remunerated because they suppose I have a lot of money”Garay explained in the report.
According to the same document, during his days in prison Garay approached the spiritual world, which strengthened his bond with his mother: “The tool of forgiveness is important. I have had conversations with an evangelical pastor. One being in prison asks questions. I would not say that I am a believer, but now I believe that there is something higher. Before I was absolutely atheist”.
In improving the relationship with his mother and older sister Maria Soledad (47) His partner Antonella also had an influence, who explained that if he maintained resistance with his family, he could pass it on to his son. Indeed, His mother not only traveled monthly to visit her grandson from Concepción, but also supported her son’s family with money. During a year he regularly gave Antonella the sum of $ 150,000 and $ 250,000 for the expenses of Rafael and his son.
The relationship between the economist and his mother suffered due to the separation of his parents. At the age of 10, the engineer had to go live with his father, Aquiles Garay Vera, who was 24 years older than his mother and died in 2014.
“It is reported that the filial bond suffered, since with Mrs. Nivia Pita the contact was significantly reduced when she went to live with the father, while in the short period in which she was in charge of her, between the hours of work and his new partner, there was no more time for him. On the other hand, with Mr. Aquiles Garay, his advanced age (close to 70 years) constituted a major obstacle to relating and receiving support, “the document concluded.
