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The Supreme Court of Justice, after analyzing a series of tutela actions filed by RCN and Vicky Dávila, reversed the ruling issued by the Superior Court of Bogotá, which last October had convicted them of damaging the good name of a former Police Commander of Casanare.
The civil process, which for some courts is an episode of “damage to good name” but for others is the “right to freedom of expression” has reached its third stage. The Supreme Court of Justice, after studying a series of tutelage actions filed by Vicky Dávila and the RCN channel, reversed the decision of the Superior Court of Bogotá, which last October ordered that the journalist and the media should financially repair the Colonel (r) Jorge Hilario Estupiñán, who lost his job amid allegations of alleged corruption in 2014.
In context: Vicky Dávila and La FM, convicted of damaging the good name of a police officer.
“The Supreme Court of Justice, in the Civil Cassation Chamber, resolves: first, to grant protection for the fundamental rights of Victoria Eugenia Dávila Hoyos and Radio Cadena Nacional SAS; second, to render without value the sentence handed down on October 15, 2020 by the Civil Chamber of the Superior Court of the Judicial District of Bogotá, as well as all the actions that derive from said provision ”, the high court decreed.
The episode of discord dates from 2014, when Estupiñán was commander of the Casanare Police and Vicky Dávila, as a journalist for FM, owned by Radio Cadena Nacional SAS (RCN), presented in the middle of a radio program some audios and complaints that linked it to alleged acts of corruption. Dávila even interviewed the Inspector General of the Police, from whom he asked for explanations and asked about the possible suspension of the former commander. Which it was the result? Estupiñán was removed from service after the scandal, but was later found criminally and disciplinary innocent.
After that, the colonel (r) initiated a civil responsibility process against the channel and the journalist, who in the first instance lost before the Civil Court 46 of the Bogotá Circuit, however, in October 2020 the Superior Court of Bogotá revoked such decision and condemned them to make financial reparations to the former Police Commander. The next move by Vicky Dávila and the media, as evidenced in the document known as The viewer, was to raise an action for protection that nullified the decision taken in the second instance, an appeal that had the study and approval of the Supreme Court of Justice.
News in development …
