La propietaria de un aserradero en el Parque Industrial de la localidad de Campo Grande tendrá que permanecer privada de la libertad en razón de que la Cámara Federal de Posadas no hizo lugar a un recurso de apelación presentado en su favor y confirmó su procesamiento con prisión preventiva por el delito de almacenamiento de estupefacientes agravado por la intervención de tres o más personas organizadas para cometerlo, en calidad de coautora.
This is Rosana Graciela Kachuk(45).He has been arrested since mid -April when the National Gendarmerie raided the wood entrepreneurs.
This operation had national importance since 3.460 kilograms of marijuana in a kind of drawers made with sawn wood, being prepared for transportation.
He held the fugitive
The appellation appeal in the higher instance was presented by the lawyers Ricardo Skanata and Jessica Skalski, attacking the processing with preventive detention of his defendant, in addition to the qualification of the crime.
They argued that Kachuk did not know what was happening in the sawmill and pointed all the responsibilities to the Paraguayan citizen, who had supposedly delegated commercial activities to the point that little went to the place.
"In the file sufficient probative material to conclude that the drug and the maneuvers that were performed on the property of Kachuk were not of their knowledge," said the lawyers.
In that line, they detailed that "(for the woman) the establishment regularly attended, but he had delegated most of the tasks in his new partner -cristian Brítez such is so that the days prior to the kidnapping of the drug had not attended it, havingLeaving the control of his establishment in his partner, and he focused on the care of his children and strategic tasks that had to do with the next steps in commercial exploitation, one of them was to achieve the residence of the new partner by doing the procedures before migrations".
"There are no elements to assume that Kachuk was aware of the activity of his partner, there are no telephone communications that link her to these types of activities and/or suspicious movements," they said and in relation to the preventive detention they added that the investigated "He has roots in the jurisdiction of the Court of Long Data, all their relatives and children live there, not working indications that might assume that it would try to avoid the action of justice ".
In the same sense, the defense said that "the important documentation collected in cars and the advance of the investigation also prevents that it could hinder the actions of justice" and that is why he considered that "in the case of a lady with children, having domicile insideFrom the jurisdiction of the court, keeping it detained does not turn out to be the most appropriate decision since if the investigations continue, it could remain at home with police custody and/or electronic bracelet, being guaranteed the objective that it responds in case of beingfound guilty, guaranteeing at this stage of the process your right to be considered innocent while a ruling does not provide otherwise ".
Subsidiarily they asked the cameramen Ana Lía Cáceres de Mengoni, Mario Osvaldo Boldú and Mirta Tyden from Skanata, to contemplate the possibility of qualifying Kachuk's behavior as secondary participation.
Kachuk version in investigation
In an extension of an investigative declaration, public fact on the page of the Judicial Information Center(CIJ), Kachuk gave his version: "For some time ago, since 2014, I was working with my late husband in that place where I was lately, en route 14 kilometer 915.That is another place other than the one who made the search.(...) Hasta que a finales de septiembre de 2020 él falleció, después de una semana de su fallecimiento tuve que volver a retomar el trabajo por mi cuenta para cumplir los compromisos que habían quedado(...) and previously I had met Mr. Cristian Brítez Romero who told me that he was out of work for the pandemic.I don't know what he worked, I had eventually met him, I was at the Aristobulo del Valle collective terminal and I met him the Lord there.(...) Later I hired him as a personal to administer people.(...) We will have worked a month or so, where I later left much of the responsibility in him. Después surge que uno de los vecinos me cerró la entrada de acceso al aserradero con una construcción, acudí al intendente para que me hiciera una nueva entrada al predio porque no tenía acceso para los camiones de menor porte,(...) Only the machines were mine, and offered me to present a project for the municipality to give me a property for industry. Me puse a trabajar en ese proyecto,(...) where at the end of December or January the municipal property was given.(...) Después cuando empecé con el tema de la mudanza me ofreció(por Brítez Romero) ayudarme económicamente, no sabría decir si él tenía otro ingreso, tampoco le pregunté,(...) From there we began to wantKnowledge to establish a society with him, and he would contribute what was the new construction part and a machine that was to improve the production and quality in the new venture.(...) After January that all the moving of the sawmill was done I almost did not participate in being in the place every day because there was nothing that required my constant presence, I dedicate myself to work more from my home, and be with my children, andask for budgets for what we were going to undertake.(...) Also from my home I offered to do his Argentine ID process since he belonged to a foreign country, to Paraguay, and legally advise with lawyers to form society, of which we had nothing in particular until he received his DNI.(...) I basically left Cristian all responsibilities.Also when he had only arrived I facilitated him a driving license and made an authorization to handle my car.(...) From what happened I totally do not know what time what happened could have emerged.All I can add is that lately I left everything in the hands of Mr. Cristian Brítez Romero.(...) I didn't know where I lived when he started working with me.Then he told me he had a rent in the town, but I don't know exactly where.(...) I knew that I had entered before the pandemic, when I made the papers to ask for its ID.In that procedure I put the address of my house in case I had to receive any correspondence and even my email ".
In another section of his statement Kachuk said he did not know what work they were doing in the sawmill or that the wooden drawers were being built to store marijuana.On the last time he saw the now fugitive, he declared that it was "on Friday before the raid.I saw him at noon on Friday, he retired from my home, he was at my home, he went on the way, brought him my son from school, in my vehicle, we had lunch and then retired and I didn't see him again ".
"Webble and unlikely"
After analyzing the elements and statements the cameramen concluded that "the arguments provided by Kachuk regarding the ignorance of what happened on the day of the search in their sawmillParaguayo 'Brítez, who was not only his current partner and partner, but the trust existed that Brítez looked for his school son, drove his car and bought a motorcycle, which he put on behalf of the fugitive.In addition to this, testimonies that prove the link between the defendants "are proven".
"In the light of experience, healthy criticism and common sense of these scenarios are presented by other unusual ones and are erected in a clue.
On the qualification of the crime, the cameramen determined that "what is requested by the defense must be rejected regarding the modification of Kachuk's degree of intervention to that of the secondary participant, since unlike the alleged, the case intervened actively participating in theContribution of its industrial place -Serradero where more than three tons of narcotics were found in properly conditioned wood bales ".
In relation to prison continuity, they pointed out that "the restrictive measure of outpatient freedom does not look arbitrary based on the characteristics of the facts investigated and the verified maneuvers linked to the collection of the drug.In relation to the amount of narcotic seized, the intervention of more than one person in their execution was accredited, of what follows the existence of connections, which together makes the procedural risk emerge.For these purposes we must also keep in mind that his partner and current partner, Cristián 'El Paraguayo' Brítez Romero is a fugitive with arrest warrant since April 21 ”.
Anonymous informant
The confiscation of the drug, on April 21 of this year, was the result of the research tasks carried out by the 9 Oberá Squadron of National Gendarmerie at the request of an anonymous informant who provided key data on the movements in the sawmill.
After surveillance and follow -ups of vehicles that entered and left the venture, the federals raided and ran into armed drawers for the transfer of narcotic, some of them were already loaded with marijuana.
110 bags with 3 were counted.287 packets of the substance, throwing a total weight of 3.460 kilos with 273 grams.
As a consequence of this operation, the gendarmes raided Kachuk's address where 336 were seized.960 pesos, 5.802 dollars and 1.312 reais, a vehicle, four cell phones, a camera, a filming camera, notebook, a GPS, four pendrives and documentation of interest for the cause.The woman is deprived of liberty from that moment.