How was the origin of the maneuver that allowed Calcaterra to avoid the trial for the notebook case

How was the origin of the maneuver that allowed Calcaterra to avoid the trial for the notebook case
How was the origin of the maneuver that allowed Calcaterra to avoid the trial for the notebook case

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The origin of the decision taken by the Court of Cassation, which prevented the businessman Angelo CalcaterraCousin of Mauricio Macri, be tried in the case of the bribery notebooks, we have to look for it two years ago, when the federal electoral prosecutor Ramiro Gonzalez and the federal judge Maria Servini They believed that he had not paid bribes to Kirchnerism but rather made illegal electoral contributions.

The position of the prosecutor and the judge led to a fierce confrontation with the trial prosecutor Fabiana León, who disqualified his proposals to the point of considering “curious” the alignment of the judge and the prosecutor with the interests of the construction businessman, when opening that parallel case. He went further and León brought the matter to the attention of the Attorney General of the Nation, Eduardo Casalif appropriate to take action.

I find the convergence of that representative of the accusation very curious. [Ramiro Gonzalez] with the interests of two nationally renowned businessmen. For with unusual rapidity he took upon himself a defense hypothesis and claimed competence“wrote prosecutor León, who said that the prosecutor’s position clashes with the position that all the prosecutors who have intervened since 2018 in that case have had.

Ramiro González, prosecutorFiscales.gob.ar

It is a common practice for experienced defenders to seek to open a lateral case in a more receptive court, and from there attract the main file, even in part, or attack it and seek its annulment.

Calcaterra’s defense, led by the lawyer Ricardo Rosental, stated on September 14, 2022 at the electoral secretariat of the Servini court (the judge who controls the presidential elections), that the businessman had not paid bribes, but rather made contributions to the electoral campaign for the PASO campaign in 2013, the legislative elections on October 27 of that year, the primaries and the presidential elections of 2015.

They heard from prosecutor Gonzalez who ruled that the Calcaterra case should go to the electoral justice system due to its specialty. He highlighted the need to strengthen both the exceptional nature and the specialization of the electoral jurisdiction in matters of party financing and that These facts must be analyzed “in the electoral specialty”, since “… the accused made clear statements when the delivery, recipient and purpose of the money were confirmed.”. He believed them.

This proposal by Calcaterra’s defense came at a time when the case of the notebooks was already brought to trial, his prosecution for 16 cases of active bribery had been confirmed in Chamber and Cassation and the judges of the Federal Oral Court No. 7 were selecting evidence and trial witnesses.

Judge Servini, on December 28, 2022, the last business day in court, asked Federal Oral Court No. 7 to refrain from continuing to investigate Calcaterra and to send her everything related to the payments she said she had made. The judges of the oral court Germán Castelli, Enrique Méndez Signori and Fernando Canero They rejected Servini’s request in a ruling that leaves no doubt that the matter should be resolved in an oral trial and not by dismembering the case to favor Calcaterra.

The oral court judges, before ruling, asked the trial prosecutor Fabiana León for an opinion. The official was very harsh with Servini and Ramiro Gonzalez, whom she pointed out to Attorney Casal. The serious thing, León said, is not the strategy of the defense lawyers, but “that a judge and a prosecutor of the Nation, knowing that there is another process in progress where the significance of that factual sequence – the “contributions” – is discussed, have taken a position and claimed for themselves”, part of the cause.

“That there is a judge and a prosecutor who make themselves available to that – or some – party/s so that they can elliptically develop their practices, ignoring the procedural rules that indicate that these debates must take place before the same Court is something that we have already seen and what corresponds – once and for all – to attend to,” prosecutor León was outraged.

Calcaterra leaving Commodore PySilvana Colombo – LA NACION

And he said that in this way “not only is the accusation biased by cheaply buying a position – that of the businessmen – but it also ignores a huge investigation – with its evidence”, such as the case of notebooks with more than 100 bodies and 160 accused. Without taking into account that beyond these 16 payments that Calcaterra says were campaign contributions, there are another 4 payments made in another cause, to obtain public works contracts. León said that looking at the 16 payments in isolation, and “adopting a thesis at a bargain price” dispenses with looking at the entire test as a whole.

That is why León claimed that the oral trial should be held. “The indictment indicates that between 2003 and 2015, bribes and payments were channeled to satisfy spurious interests, which were basically the preferential, beneficial and/or non-competitive assignment of public works contracts in exchange for the payment of bribes. In such scenarios it is necessary to appeal to levels of transparency in the search for reaching the truth. “This requirement has translated into the need to carry out the corresponding oral and public trial, contradictory and continuous, in facts whose discussion involves cases of corruption and actions of public officials.”

The judges of the oral court took into account León’s expressions in their rulingand rejected the claim of Servini and the prosecutor Ramiro Gonzalez to send them the part of the case referring to Calcaterra.

The businessman’s defense appealed to the Court of Cassation with a complaint. The judges of the Cassation Diego Barroetaveña, Carlos Mahiques and Daniel Petrone They opened the complaint at the end of last year. This year they held public hearings where they heard from the prosecutor Raúl Pleé, who opposed sending Calcaterra payments to Servini.

Until finally the three chambermaids decided yesterday, on the eve of an extra-long holiday, that they usually mute the most uncomfortable rulings, separate Calcaterra from the trial of the case and send notebooks to Judge Servini and prosecutor Ramiro Gonzalez, the 16 payments which they say were for the electoral financing of Kirchnerism.

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