Just hours before the deadline for him to appeal regarding the preventive detention that was decreed by the Third Guarantee Court of Santiago on Monday, June 3, expired, Last Saturday night, the defense of the mayor of Recoleta, Daniel Jadue, filed the appeal through which they seek to have the capital’s Court of Appeals revoke the determination and establish a less burdensome precautionary measure in this regard.
It is that, as stated in the announced action – to which he had access Third-, they believe that the judge’s resolution Paulina Moya It lacks the requirements that the standard establishes.
“I am hereby submitting an appeal against the resolution pronounced at the hearing that decreed the precautionary measure of preventive detention on my client, for being considered a danger to society, since he is It is completely aggravating for him, since it orders his deprivation of liberty without complying with the requirements demanded by our legislator for this measure, “This defense considers that said resolution has not been pronounced in accordance with the law, being unjustified and disproportionate,” reads the 15-page document signed by the lawyer. Ramon Sepúlveda.
That would be evident, as the criminal lawyer explains, if it is observed that the antecedents presented in the formalization hearing, They do not justify – in their opinion – the existence of the crimes that were attributed to the communal chief. According to their analysis, there has even been “blindness” among the researchers.
And, furthermore, as the lawyer has also stated publicly, the elements contained in the accusation would not provide founded presumptions of Jadue’s participation in the events. For the same reason, they say, There is no “need for caution that makes the decreed measure necessary.”“There are clearly other precautionary measures that allow us to ensure the purposes of the procedure in this case.”
They propose, in this sense, that the Court revoke preventive detention and impose monthly signature and national rootsor on subsidy, partial or total house arrest.
Considering that the resolution of the judge who decreed preventive detention for Daniel Jadue considers proven the material assumptions of the existence of the crimes and his participation in them, Sepúlveda asks the court of appeal to pay attention to inputs that were not considered and that would discredit – according to them – the alleged crimes.
Regarding the crime of disloyal administration, the defense of the communist militant assures that he could not have been behind the accused events, since “The administration of Achifarp was administratively and financially handed over to the executive secretaries, Mr. Daniel Moraga and Matías Muñoz.who acting outside of their duties and without communicating it to the board of directors or its president, made decisions that were not previously consulted.”
Thus, among a series of details, They maintain that the first thing that escaped Jadue’s hands was the contract with the company Best Quality. “The above is corroborated in the investigation carried out by the Public Ministry three years ago, because there is no contact between my client and the people of said company, which is reflected in the call traffic expert report and the police report. dated 10-13-2023 and police reports No. 2638 and No. 3229, which carried out the review of the cellular equipment and iCloud of the complainants of the Best Quality company,” they complement.
“My client found out after the events that generated this acquisition, so he clearly had no participation in the negotiations carried out to obtain the masks, There is no indication or concrete fact that demonstrates fraudulent behavior on the part of my client with respect to the assets of Achifarp. at this point,” they emphasize.
Regarding the crime of fraud, the lawyer states that the Prosecutor’s Office maintains that Jadue and Moraga “would have acted in concert to deceive the Best Quality company, generating a false representation of reality so that they would sell products to the association and then not pay them. . However, No evidence was presented at the hearing that would allow us to conclude that my client actually provided any information to the owner of the company. or to the seller who would lead them into a mistake to dispose of their assets as assets.”
In this sense, they point out that The Public Ministry “has blindly believed” in three testimonies from Best Quality workers that point to the responsibility of the communal chief. “The entire accusation is based on the statements of three witnesses who were part of the company, who indicate that two of them would have had a meeting with my client, but without there being any material element that would give plausibility to this theory,” they say. .
As for the bankruptcy crimeindicate that the prosecuting entity maintains that Jadue, together with Matías Muñoz, would have maliciously hidden a series of supplies from the Audiological Center, consisting of 3D printers, although they insist that this was not proven.
“He does not present again any antecedent or document that allows us to reach the conclusion that he was the one who hid assets to harm the group of creditors or that he consented to a third party doing so,” they point out, adding that it is not correct to conclude that, because it is president of the association, learned of the fate of the aforementioned supplies.
About him bribery crimeand given that it was noted that it materialized because the mayor would have requested a bonus or donation of products from the same Best Quality company and that then this would have materialized at the headquarters of the Communist Party, he once again insists that no evidence was provided so that this is affirmed in a robust way.
“It is clear that this defense believes that the Public Ministry bases the entire accusation on the existence of two witnesses who declare having met with Daniel Jadue, without analyzing or evaluating either the pursuing entity or the court, which There is an obvious secondary gain for these people, since they are the same ones who report having been scammed, despite the fact that the owner of the company, Álvaro Castro, declares that he has never met my client.“, they emphasize in the resource.
The photographs that were provided as evidence, they maintain, are not from the date on which the meeting was supposedly held to establish the “alleged donation” and they add that there are also no records of conversations that position the mayor in that regard.
And about the three crimes of fraud against the Treasuryindicate that “it is clear that there are elements of the criminal type that are not present in what is stated by the Public Ministry, despite which the unfounded resolution considers the assumptions of existence of the crimes and participation to be accredited, without taking into account “It has a series of elements indicated and delivered, including materially by the defense.”
Thus, they emphasize that when the agreement was signed with the University of Concepción, the community leader acted guided by Dr. María Eugenia Chadwick and that the councilors voted. Regarding the money transfers, they emphasize that Jadue did not manage Achifarp’s accounts, and regarding the agreement between the Municipality and the association for hearing aids, they also reiterated that they acted based on technical reports.
In this way, they insisted: “It is clear that the court reaches a series of conclusions, based on testimonies, but without taking into account material and technical background presented by the defense.which clearly distorted the accusations presented in the formalization.”
In addition to asking the capital’s court of appeal to weigh the existence of the evidentiary elements, Jadue’s defense also maintains that, to define the corresponding precautionary measures, one must take into account “the characteristics of the specific case, the personal situation of the accused and their procedural attitude.”
And there, they emphasize that the former presidential candidate “has never diverted a weight towards his person or a private third party, Therefore, it would be difficult to think that his freedom could imply a risk to fiscal assets.”
They state, in that sense, that if what they want to protect are resources, that is also protected if the mayor is placed under total house arrest.
“It is evident that the precautionary measure decreed regarding my client is completely disproportionate, since its justification falls into a fallacy.which is the fact that specific repetition in actions within his position could only be avoided with preventive detention, given that if this is the risk that leads to decreeing this precautionary measure, this can be fulfilled with a different measure such as partial or total house arrest and the prohibition of approaching the Municipality of Recoleta,” they say.
It should not be overlooked, says the defense, the personal condition of the accused: “He is a Sociologist and Architect, he has served as mayor of Recoleta for 12 years, he owns his own house in Chile and is an absolutely well-known person in our country. He has never committed any other illegal act, he has a 24-year-old daughter with whom he is very close and an 80-year-old mother, who suffers from serious illnesses, such as High Blood Pressure, Diabetes, Essential Tremor, Gait Disorder and use of a pacemaker, all of which can undoubtedly worsen with the deprivation of liberty of your child.”
