Darío Nieto wants to prevent justice from analyzing his cell phone | The repercussions after Macri admitted meeting Borinsky

Darío Nieto does not want the Federal Oral Tribunal (TOF) 8, which is in charge of the Memorandum with Iran case, to access his phone, where there are notes on the member of the Federal Chamber of Cassation Mariano Borinsky, who was one of the judges who led to the reopening of Alberto Nisman’s complaint in December 2016 and for which he received public congratulations from Mauricio Macri a few hours later. The test, claimed by TOF 8, aims to understand the possible links of the chambermaid with the then president, who wanted to reactivate the case against Cristina Fernández de Kirchner, the former Minister of Foreign Affairs Héctor Timerman and d other senior officials.

A few days ago the judges who make up TOF 8, Gabriela López Iñíguez, Daniel Obligado and José Michilini, asked the judge who now has the espionage case that he handled in Lomas until a few months ago. and in which Nieto is accused, to confirm whether there are messages from Nieto related to Borinsky. Marcelo Martínez de Giorgi replied on Tuesday that he would send the certification shortly. However, Nieto appeared this Thursday in the file to prevent it. His lawyer, Gervasio Caviglione Fraga, expressed his “express opposition to the information claimed by the TOF8 and to any other information on the content of what was allegedly found on the cell phone,” according to the letter he accessed. Page 12.

On November 1, 2018, Macri’s private secretary wrote on his cell phone: “Talk to Borinsky. Administrative and criminal complaint problem ”. This annotation is in addition to the 18 visits the maid is said to have made to both Villa Olivos and Casa Rosada during Macri’s presidency, which revealed an at least close relationship between the judge and the president of the time. Last week Macri admitted in an interview with TN that they had mutual friends and played tennis in Olivos, so a group of Frente de Todos MPs filed a complaint against the member of the highest criminal court in the country. country.

Nieto’s phone works like a memento of what Macri did during his presidency: it shows who he’s met and what topics he’s talked about. Because of this, Nieto and Macri himself began to report that the phone had been tampered with or information was inappropriately disclosed to seek to invalidate any evidence from the device. Now, Nieto is seeking to prevent a message retrieved from his phone from serving as evidence of Macri’s relationship with one of the two judges – Borinsky and Gustavo Hornos – who voted to reopen the Memorandum case.

En su escrito, el abogado de Nieto recordó que tiene planteado un pedido para anular toda the información that surgió del teléfono that the secuestraron al politólogo el 25 de junio del año pasado, cuando el juez federal de Lomas de Zamora Federico Villena ordenó el allanamiento de his house. According to Caviglione Fraga, the phone was tampered with two days later without judicial review.

For this alleged manipulation and for torpedoing the Lomas espionage investigation – led by prosecutors Cecilia Incardona and Santiago Eyherabide – Nieto filed a complaint last year in Comodoro Py. Due to twists and turns of fate, the cause remained in the hands of Martínez de Giorgi, who is today in charge of the cause of mega-espionage.

While it may sound like an entanglement comedy, Nieto and Borinsky’s story isn’t the first time it’s linked. The transfer of the spy case from Lomas to Retiro happened – coincidentally – by decision of Borinsky and his colleague Javier Carbajo, who – in response to a claim by Nieto – took the case from Judge Juan Pablo Augé. The decision was made just as Incardona and Eyherabide reactivated the investigation into Nieto’s role, following the discoveries on his phone and the fact that it was known that he would have altered the income of Olivos and La Rosada so that visits not be registered.de different magistrates.

With this move so that his phone is not used in the case of the Memorandum, Nieto reproduces a strategy that Macri has already attempted in another cause: that of Vicentín. There, Macri filed appeal after appeal to prevent information found in his private secretary’s device from ending in the case brought by prosecutor Gerardo Pollicita and judge Julián Ercolini.

After the June 18 TOF8 gave rise to a series of measures requested by CFK and the prosecutor, such as holding an oral and public hearing to review the annulments and decide whether to hold the trial by the Memorandum, the relatives of the victims AMIA Luis Czyzewsky and Mario Averbuch and DAIA arrested the members of the tribunal and the Colombo prosecutor. The hearing to examine the Colombo challenge will be held next Wednesday. However, the situation of the three judges is in cassation. The call reached Room IV – chaired by Borinsky – this newspaper might find out, but there are those who understand that it should go to Room I.