Court of Appeals ratifies preventive detention for Jadue

At 9:40, the Fourth Chamber of the Court of Appeals of Santiago began to review the appeal presented by the defense of the mayor of Recoleta, Daniel Jadue. The judicial action sought to change the precautionary measure of the communal chief, who has been in preventive detention in the Captain Yáber Annex since June 3 within the framework of the investigation by the North Central Prosecutor’s Office for corruption crimes.

The arguments and replies of the interveners – the prosecutor Giovanna Herrera, Jadue’s lawyer, Ramón Sepúlveda; and the plaintiffs in the case lasted for almost seven hours. After that, judges Jessica González, Tomás Gray and Lilian Leyton began to analyze their resolution.

The minister of the Court of Appeals of Santiago, Jessica González, read the resolution, where regarding Jadue she indicated that due to the number and tenor of the crimes, the precautionary measure of preventive detention is maintained for the Communist Party member.

“(…) it is kept in mind that the precision of the facts of the formalization, the background information so far gathered in the investigative file, the context provided by the Public Ministry in this hearing, the elements of judgment described by the interveners and cited in the appeal resolution, are sufficient to refute the appellant’s allegations, in that Jadue was unaware of the alleged criminal actions. Firstly, because there are sufficient indications of concert between the various participants in the criminal act and secondly because the antecedents lead to a justified assumption that he intervened from his predominant position, both as mayor of the Municipality of Recoleta and as the president of the Achifarp, in the abuse of the organizational structure for illicit purposes, such as in the misuse of fiscal resources,” was read from the resolution.

“As for the crimes of fraud and bribery, it is not effective that there is only the version of two witnesses, whose integrity is questioned by the defense. Since there are more elements of judgment, such as expert reports, photographs and the statements of other appellants that corroborate the material assumptions of such crimes,” stated the resolution of the Court of Appeals.

Likewise, it was added that “this court cannot fail to note that the conduct of the accused Jadue Jadue is even more reprehensible if one considers his current role as the highest authority of the Municipality of Recoleta and by virtue of which he carried out the punishable acts that are now the subject of criminal prosecution, especially, if he always had decision-making power both in Achifarp and in the building identity,” it was highlighted.

Once the hearing was over, the speakers delivered their reactions. The first of them was the plaintiff lawyer of the State Defense Council, Daniel Martorell, who pointed out that “an exhaustive review of all the antecedents was carried out again and unanimously, the Court of Appeals confirmed the judge’s resolution, Therefore, there are four judges who have determined the appropriateness of preventive detention.”

“The resolution is forceful and well founded, in which the Court took all the respective time to listen to all the allegations of the interveners and concluded in the way it does, with a categorical and very well-founded ruling,” Martorell added.

While, Prosecutor Marcelo Cabrerastated that he felt “calm” with the ruling of the Court of Appeals and stated that “we continue to continue with the investigation (…) the truth is that this ratifies what was ruled in the first instance, from the point of view that the antecedents “They account for the commission of the crimes and the participation of the accused Jadue and Muñoz in these events and in that sense the Court comes to corroborate what had been resolved in the first instance.”

In the judicial action, Jadue’s lawyer, Ramón Sepúlveda, pointed out that the judge’s resolution Paulina Moya It lacked the requirements that the norm establishes and accused “blindness” of the prosecution.

The Fourth Chamber of the Court of Appeals of Santiago reviewed the appeal of Daniel Jadue’s defense. Photo: Javier Salvo / Aton Chile.

Prior to the hearing, lawyer Mario Vargas, who presents Best Quality, a company that sued Jadue for fraud, said he was optimistic about his requests: “We believe that we have sufficient background to maintain preventive detention. We have already talked about the judge’s resolution, which is a forceful resolution. It seems to me that there will be no elements because in the investigation file there are no elements to refute the accusations that were made, which are serious and involve a number of important crimes.”

For his part, another plaintiff lawyer, Christian Espejo, criticized one of the arguments with which Jadue’s defense sought to change the precautionary measure: the mother’s state of health. “That argument from the mother, imagine what the mother can mean to any of us. He should have taken care of her much sooner. But we also know that she has people who love her and take great care of her, some of whom I even know. Therefore, it is not going to be a compelling argument. She doesn’t need Jadue free. The country needs Jadue deprived of liberty.”

The Fourth Chamber of the Court of Appeals of Santiago reviewed the appeal of the defense of the mayor of Recoleta, Daniel Jadue, to reverse his preventive detention.
Photo: Javier Salvo / Aton Chile.
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