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It was a long-awaited ruling in the judicial and political environment. The East Prosecutor’s Office finalized Senator Manuel José Ossandón’s petition for violation of the law on January 12 and almost three months later the request already has a court decision, although not the one expected by the Public Ministry. After leaving the case under study last week, today the 14 ministers who heard the allegations of the prosecutor Manuel Guerra, the State Defense Council and the defender Samuel Donoso toThey adopted an agreement that is to reject the lawlessness of the parliamentarian.
The decision was fierce, say sources from the capital’s appeal court, but not as much as what was predicted last week when they decided not to vote immediately and study the legal reports presented on the day of the allegations that were developed virtually due to the pandemic. The same sources support Third, that 9 of the ministers were about to reject the request of the Eastern Prosecutor’s Office and five to accept.
During the afternoon of today the rapporteur of the plenary session Rebeca Soto sent an email to all the intervening parties stating that today “it was in agreement before the full court of this Court and the respective ruling will be communicated by email on 16 April of the current year ”. The sentence will detail the reasons why it was decided to reject the violation. Some of the judges consulted maintain that Ossandón’s arguments will be accepted regarding the lack of elements that allow configuring the crime of influence peddling. Ossandón was accused of having made interventions in the Pirque Municipal Council and before the communal chief, Cristián Balmaceda (his cousin), in favor of the Cavilú company, which has in its hands a concession to extract aggregates from the Maipo river, without never reveal that one of his sons, Nicolás Ossandón Lira, was linked to the company.
Then, by principle of criminality, the petition for violation would have been rejected, that is, because the judges considered that Ossandón, in his capacity as senator, did not have the position of “influence” required by the criminal offense of article 240 bis of the Penal Code that he wanted to carry out. oral trial the High Complexity prosecutor Felipe Sepúlveda and for which he requested a sentence of 4 years in prison and 10 years of disqualification from public office.
The East Prosecutor’s Office, when the ruling is made known, may appeal to the Supreme Court, although that will activate an offensive by the defense, since there are those who argue that only the resolution that grants the violation, not the one that rejects it, can be appealed before the highest court of the country. . Even then there will be episodes in this case, although the first battle was won by Senator Ossandón.
