Let the judges give better reasons | The Oil Fuels case returns to Cassation

Let the judges give better reasons | The Oil Fuels case returns to Cassation
Let the judges give better reasons | The Oil Fuels case returns to Cassation

In a ruling of just three pages, the Supreme Court of Justice reviewed the dismissal of the owners of the Indalo Group, but he didn’t give the file a second lookSpecifically, he ordered the Court of Cassation to answer the questions raised by the attorney, that is, the prosecutor of the case. There was a second request from the prosecution: that they reimpose embargoes and other precautionary measures on the companies of Fabián de Sousa and Cristóbal López, but the Supreme Court said no to that. So the case will return to the Cassation judges, Diego Barroetaveña and Daniel Petrone, who will have to once again justify the decision to dismiss the owners of Indalo-Oil Combustibles.

After a long trial, the judges of the Federal Oral Court 3, Javier Ríos and Fernando Machado Pelloni, acquitted the owners of Oil in relation to the payment of taxes related to fuel. In the minority, the third judge, Andrés Basso, opposed. Oil-Indalo had taken advantage of different payment plans and during the process they exhibited extensive evidence of the way in which the AFIP, with a task group, had set up a persecution plot, essentially due to the position of its media, C5N and Radio 10. The channel and the radio were not docile with the government of Mauricio Macri, who then turned the guns against their owners.

The Chamber prosecutor, Mario Villar, appealed the acquittal before the Court of Cassation, which ratified the oral court’s acquittal ruling. Even so, the Macrista apparatus of Comodoro Py did not give in: through an opinion, the interim attorney Eduardo Casal insisted before the Court.

The highest court gave an astonishing treatment to the case. Without the file having been discussed, as always happens, by each of the supreme officials, the brief three-page resolution was signed. “The appellant (the attorney) is right in that he alleges that the appealed ruling gave apparent treatment to the grievances that he opportunely raised against the acquittal”, is the neuralgic phrase. In other words, the supreme authorities say, a precise, real response was not given, but rather a dogmatic and partial one, to what the prosecutor pointed out. So he orders the Cassation judges to improve and specify the foundations of the ruling by which they issued the acquittal.

Villar-Casal’s other attempt was to have the embargoes and limitations reimposed on De Sousa-López, as during the very long process. The Court rejected that claim. And now the file will return to Cassation, perhaps to a new and long process.

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