Scioli cause: the judge and the prosecutor fight over the time of the investigation and even two DVDs

Disputes between the prosecutor Álvaro Garganta, who has directed the investigation against Daniel Scioli for irregularities during his tenure, and Judge Marcela Garmendia, who must decide whether to eliminate the case or not, increase. And this time, the discussion is centered on two DVDs and in a supposed maneuver of delay the start of litigation.

During the second week of February, the prosecutor asked the judge to speed up the paperwork to sit on the dock the former presidential candidate and 45 other defendants. In a letter, he requested that transfers prior to the oral proceedings, in which the parties involved be informed of the decision to bring the case before the courts, be carried out "simultaneous and not individual and successive"He supported his proposal by stating that he had handed the magistrate a digital copy of the entire file on two DVDs.

The answer did not take long and Garmendia badured that the discs do not contain the "documentary appendices"he therefore reaffirmed his decision to move individually with the physical cause in hand. The measure, he said, aims to protect "one of the most crucial steps in the criminal process and the guarantees of due process and the right to defense". Garganta argues that this method will ensure that the process lasts two years, if one takes into account that each defendant has a maximum of 15 working days and can oppose a change of legal qualification or request to change it, among other things.

"Throat is looking for a way to remedy a sensational delay (who really never arrived, arrive or will happen) with simultaneous transfer to the technical defenses by the supply of two DVDs with a copy of all the bodies and incidents in which he had to rise to a trial, "said Garmendia at the beginning of his case.

In this case, the ex-governor is accused of committing the crimes of negotiations incompatible with the public service and the traffic of influence. In the case, various irregularities are the subject of investigation during its administration, although Scioli weighs one: the award of nine units in the amount of 117 Million dollars to businessman Estanislao Miller, who rented land at Villa La Nata, then he bought it US $ 3,850,000. In recent weeks, another headache has been added to the former official: his ex-partner, Gisela Berger, was summoned to testify after publishing a series of tweets in which he questioned the heritage of the former presidential candidate.

Cross for a supposed delay

The cause has failures, in which irregularities by institution are differentiated. For example, the "00" corresponds to anomalies in the determination of the UPA, while the "06" corresponds to anomalies in the decision of the UPA. Garmendia began making transfers to the first accused of each outage and once the defendant responded to the next. As you may have known TN.com.ar, the former governor and the people involved in the IOMA and ABSA cases, among others, have already been notified.

Each researcher receives the record in a physical way because the judge understands that this is the only way to protect the right of self defense and to know the charges against him. However, for the prosecutor, the methodology generates delays in the process and therefore requested that this be done simultaneously with the digital copies.

"To repeat in such a sensitive cause a adaptation sui seneris of the criminal trial like the one the Prosecutor intends, In addition to being unpublished, it is dangerous. Indeed, as a judge guarantor of the process, I can not badure you that both DVDs (sent in a wooden envelope without any kind of certification or specification for this purpose) contains the complete digitization of the criminal recordas the tax agent said, "said the magistrate in response to Garganta's statements.

He added: "The record must be provided to the defense attorney with proper evidence of his retirement, the entire record must be provided with his documentary incidents and attachments, as well as 15 days for able to carry out this broad control of the charge. the transfers are and (must be) individual and successive"

For Garmendia, there were simultaneous transfers with digital copy Constitutional guarantees can be affected which protect the proceedings and the right to defense. "It's a risk that I'm not ready to take"he said.

At the same time, he strongly rejected the fact that the methodology being implemented is causing a delay in 675 daysas the prosecutor said. "This is an exaggerated and misleading mathematical calculation"In order to shorten the deadlines in this imputation step, the magistrate explained that she had extracted a copy of Garganta's elevation application and added it to each of the dismemberments and badignments. that she made transfers in parallel for each failure and successively by each imputed

In the end, Garmendia closed: "Do not make room for the Throat proposal, and keep the transfers organized in due time in parallel for each of the failures and successively for each defendant."