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The Superior Court of Bogotá sentenced the journalist Vícky Dávila and RCN Radio to pay a millionaire compensation to Colonel (r) Jorge Hilario Estupiñán Carvajal and three members of his family.
The court declared the journalist and the media jointly and severally responsible for the transmission of a news item, on May 6 and 14, 2014, related to Colonel Estupiñán, when he was serving as commander of the Police in Casanare.
According to what was explained in the process, Dávila, in her capacity as director of RCN Radio and a journalist for the FM newscast, called Estupiñán on May 6, 2014 to inquire about a complaint filed against him by a mayor who at that time was the person in charge of hiring the Police in Casanare, for an alleged irregularity in a contract made in 2013.
In the allegations that the colonel’s lawyer gave to the Court, it is specified that at the time of the call, Estupiñán was not clear about what the matter was about since it had occurred the previous year, but he told the journalist that he had not committed any acts corruption and that all contracts during his tenure were made in a transparent manner, however, emphasizes the lawyer, Dávila continued to accuse him of being corrupt.
On May 14, 2014, the lawyer alleges, the journalist interviewed the inspector general of the National Police, General Yesid Vásquez Prada, on the same matter, who she asked, “assuming, without any proof that Estupiñán was corrupt, why they had not relieved him of his position, how was it possible for him to continue working ”.
According to the colonel’s defense, this triggered him to be relieved of his position as commander of the Casanare Police and to the dismissal of the National Police, before the due process in which he could defend himself was fulfilled. In fact, the officer, says the lawyer, was not found criminally or disciplinary responsible within the investigations that were carried out against him due to the complaint made by the mayor.
The lawyer also stated, before the Court, that Mrs. Dávila Hoyos harmed Colonel Estupiñán and his family, and that with her conduct she tainted his good name, honor, and violated the right to privacy, the right to work, the right to defense, due process, the presumption of innocence and the personal tranquility of the colonel and his family, to the point that they had to go to the psychologist, since he was forced to leave his important position in the Police, he had to withdraw his daughter from the university and her son from the College for the bullying to which they were subjected.
The Superior Court of Bogotá granted the plaintiffs reason and consequently sentenced Vicky Dávila and RCN Radio to pay $ 165 million to the colonel and his family, discriminated in the following way: the colonel must be compensated with $ 60 million and his wife and their two children, with $ 35 million each.
In addition, they must rectify the information given in the FM Newscast.
It should be noted that Vicky Dávila no longer works with RCN Radio; She is currently the director of Semana TV and Semana Digital of Semana Magazine.
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