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The Constitutional Court rejected the appeal for inapplicability filed by the former chief financial officer of Carabineros, general (R) Ivan Whipple, who is accused in the case of mega-fraud in the uniformed police, and who was trying to paralyze the oral trial against him.
This was unanimously resolved by the Second Chamber of the TC, which declared the requirement inadmissible because they found “an argumentative deficit” to “structure a conflict that would allow the initiation of a constitutional adversary.”
Therefore, the judges rejected that the libel of the retired general continued in its processing and, therefore, they did not suspend the case that is in the stages prior to the oral trial for which the fourth court of oral trial in criminal matters. Santiago must set a date.
Specifically, Whipple challenged article 370 of the Criminal Procedure Code, which does not allow him to appeal to the decision of the guarantee judge that prevented him from seeing his case separately from the other defendants in the case known as “Pacogate”.
However, the Public Ministry, the State Defense Council and even the Public Criminal Ombudsman – who represents General (r) and former head of the Finance Division, Flavio Echeverria, and Colonel (r) Arnoldo Rivero, asked that the appeal is rejected.
In the middle of this case, investigated by the regional prosecutor of Magallanes, Eugenio Campos, it is calculated that the embezzlement reached the figure of $ 28,348 million.
In particular, Whipple is accused of having consented to the embezzlement of approximately $ 12 billion, therefore, it was formalized for said crime, in addition to money laundering and illicit association.
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