Come back and play.An already overcome theme, again heated the debate on the illegally collected evidence to withstand the accusation on the political proselytism exercised since that of Neiva, eight years ago.
Ricardo Areiza
The accusation against doctor David Andrés Cangrejo took a new step towards the precipice.With some behaviors, buried by the prescription, the process entered a new stage of ‘no return’.
As if repeated the story, the process returned to the starting point.And to top it off, he revived the debate on the illegality of the tests, origin of the first collapse.
The ‘resurrected’ preparatory audience will take an unpredictable turn in the middle of the political campaign, after inexplicable postponements made in the last eight years.
The debate on the probative stipulations postponed since September 22, 2021 resumed last Monday and heated the debate already exceeded, on the illegality of the evidence collected in 2014.Even with already prescribed behaviors.
When the parties believed that this time, there would be speed, and the end was glimpsed, the process already inexplicably delayed was suspended again.
The Fourth Criminal Court of the Neiva Circuit suspended Ladiligencia while resolving the exclusion requests submitted by the defense, which, if it will mean, will mean the collapse of the criminal process that has already resisted two political campaigns, without definitively resolved.
All those involved, including Crab himself, have put their faces and insisted on the absence of evidence, ad bearings of the oral trial.
Identical story
The ‘key evidence’ announced from the beginning by the Prosecutor's Office to prosecute the former manager of ESA de Neiv.That salvation table returns to the starting point.
However, the Prosecutor's Office announced that it legalized a second technical report of Judicial Police that included the interception of other telephone subscribers that would support the accusation.And by the way, he rose two witnesses, keys.
At the time the official in charge of the accusation incorporated other similar evidence in the probative discovery, different from those that were initially excluded by illegal.
"Not all telephone interceptions that were requested at the time as evidence contributed," he explained.
In addition, he incorporated other audios of the chats held by the members of the Wasap group, known as ‘Cangrejismo’.Also legalized another Judicial Police report.
Illegal tests
For that reason, lawyer Sheiber Cuenca requested the exclusion of these evidence, because, in his criteria, they are also illegal.
By constitutional mandate when a test suffers from vices that affect its validity, and due process does not cancel the process, but is excluded from the probative debate, for having been illegally obtained.
When the evidence obtained with violation of the "fundamental guarantees" is sanctioned to the procedural subject, who violated these guarantees, with the cancellation of his evidence and the exclusion of the same of the probative debate and the same sentence.
The exclusion request was backed by the rest of the defense bench, for identical reasons.
To the precipice
In addition, the criminal lawyer requested that two other evidence, ‘forceful’ be excluded, according to the Prosecutor's Office to support the accusation.
The ‘recharged’ testimony of the former private secretary of Crab, Deida Marcela González Cardozo, the witness who delivered the first tests and uncovered the scandal.
His initial statements and testimonies that he gave without a lawyer before the experts of the Technical Investigation Corps, on March 18, 2016, were excluded from the criminal process because they did not submit to due control of legality.
The former official declared on that annoying date because they did not renew her employment contract and handed the prosecution that evidenced the political proselytism carried out in the official entity to the Prosecutor's Office.However, his statements and interviews were not legalized in a timely manner, also violating his rights.
The witness contributed photographs and conversations of Wasap where information about the campaign were shared.These evidence, presented by the Prosecutor's Office were excluded by illegal.The statements that he assumed without a lawyer were also excluded before the experts of the Technical Investigation Corps, on March 18, 2016.
Impediment?
González Cardozo confessed his participation in the facts and therefore, was co -author of the same crimes imputed to the others involved.Without knowing it, it was self -imposed by stating that he participated in the legally relevant facts that are a matter of the criminal process, and, he went from being a victim to a participant.
Thanks, @wikihow for coming this.LY/5HPSP
— Art Thompson, Jr. Tue Jun 14 21:30:14 +0000 2011
In this context, it must be treated as indicated and for the same to access interrogation.Nor was the right to remain silent and not incriminate.This argument was definitive to disassemble that document, initially contributed by the Prosecutor's Office, to support the first concentrated hearings.
And another relevant fact: the witness when paying a sworn statement, was obliged to tell the truth, under the threat of incurring the crime of false testimony.
"The revelations he made allow us to infer that Mrs. Deida Marcela González, was not a victim or witness of these facts, but participated in them as a person of trust of the manager," said the initial judge Jorge Enrique Luna, who collapsed the accusatory artillery.
However, since the preparatory hearing began, the Prosecutor's Office announced its ‘recharged’ testimony by supporting the accusation and Luegolo stressed at the preparatory hearing.
Key witness
The defense bench also asked the Knowledge Judge, the exclusion of the main witness.
The former councilor of the Green Alliance, Mateo Trujillo Segura, who made the complaints, was announced as the main ‘as’ to support the proselytism exercised from the official entity.
However, the defenders also requested the exclusion of the probative discovery, for being an indirect witness, which remains credibility.
"Matthew's exclusion was requested for undue argumentation, since nothing is recorded, it is not a direct witness, but of reference," said lawyer Ernesto Cruz Daza.
The testimony of ears used as the only evidence lacks sufficient efficacy to distort the presumption of innocence, according to the Supreme Court of Justice.
This witness, also called reference, only accredits the story that another made with respect to an event, but not its truthfulness.
However, the reference witness does not imply that it must be rejected, each particular case must be studied, to reasonably analyze its credibility, according to the personal and social circumstances of the witness.In this case, Mateo Trujillo, is a young politician, former president of the Council, a professional in finance and international relations of the Externado and Master's University in Industrial Engineering of the University of the Andes.With a recognized academic career he arrived at the Council from the province, raising a flag against corruption.
Worked at the Ministry of Finance and the German Agency for International Cooperation in Brazil, among other positions.
An old debate
The third criminal judge of the circuit of the time Jorge Enrique Luna, who initiated the process, dismissed the digital documents provided by the Prosecutor's Office because in their criteria, they were never legalized and therefore they were illegal.The same happened with the technical report on the interception of cell phones, made without court order.
However, the story is repeated.Now the Prosecutor's Office incorporated other documents, other than those that were already excluded and intends to enforce them in the oral trial, which remains delayed.
The WhatsApp
The photographs taken from the Wasap messages of the so -called “Congregismo” group in which the telephone lines of the people who formed it and conversations held between them are registered, they could not be taken, as the Judge of Aipe said, as a complement to theInterviews received.
According to the Supreme Court of Justice, the record of the files contained in computers and cell phones cannot be confused with the selective base in databases, since they correspond to digital documents, which by law must undergo control of subsequent legality.But it was not done as appropriate.
"The information to be saved from the cell phone and the SIM card do not have the database category (Law 906 of 2004) but that of digital documents, whose recovery and analysis executed by the Prosecutor's Office is subject to control of subsequent legality,"The Criminal Cassation Chamber specified.
Sensitive data
Under these conditions, the recovery of information product of data transmission through social networks should undergo subsequent legality control, within 24 hours following the reception of the Judicial Police report.
The Wasap group was created from David Cangrejo's private phone or at least was registered in his name, therefore, according to the second instance judge, a reasonable expectation of intimacy.
The first delegated prosecutor agreed to the registered telephone lines and then requested the judge of guarantees, authorization to obtain information before cell phone companies about the holders of those subscribers."It arises with medium clarity that the registration of the files contained in the Wasap group," the judge argued, "the judge argued.
Field report
A field judicial police report, the other evidence that collapsed was also excluded.The field investigation based under number 4185490 of May 14, 2016 consigned partial results of the prosecutor's order to intercept some telephone subscribers, in order to reaffirm the participation in politics of the doctor's doctor.This report was also not subject to legality control within the following 24 hours, incurring a substantial irregularity that affects the validity of that material test element.
However, subsequently, another report underwent legality control, as announced by the prosecutor at the beginning of the preparatory hearing, which will remain suspended, until March 8, when the judge of knowledge, defines whether or not they are appropriate, the exclusions requested by the defense.
If the requests prosper, the Prosecutor's Office would stay again without the entire technical test. Come back and play.