The judge of the Federal Chamber of Criminal Cassation javier carbajoone of the judges who was to review the sentence of the vice president Cristina Kirchner and other defendants in the case known as “Vialidad”, excused himself from intervening in the process. The former president was sentenced in the case to six years in prison and perpetual disqualification from holding public office for the public work that the businessman received Lazaro Baez.
Through a letter, Carbajo – judge of the fourth chamber of the highest criminal court – argued that when confirming the conviction of Báez in the case of money laundering, he stated that this crime had as an illegal act precedent the alleged addressing of the public work that is being judged in the case in which you must now intervene.
Now his decision must be ratified or rejected by his colleagues in Chamber IV of Cassation, Mariano Borinsky and Gustavo Hornoswho precisely this Thursday, May 4, the defense of Cristina Kirchner challenged for lack of independence and partiality for her visits to Olivos and to the Casa Rosada when Mauricio Macri when he was president of the Nation.
The judges do not have a deadline to define if they confirm the only conviction that the vice president and other defendants have. In this way, now the room must be integrated with a third member and then begin to analyze the verdict.
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Carbajo abandoned him as a result of his vote to intervene in the money laundering case, the magistrate thought that the preceding offense in the case was the public works he received during the governments of Néstor and Cristina Kirchner. Having opined on similar facts, I was apart.
“It was thus that in my intervention in the aforementioned case 3017/2013 I valued, with particular relevance, the increase in assets that Lázaro Antonio Báez achieved in the precise period there and the growth of Austral Construcciones SA in the same period, as elements that were considerably weighted in the conviction handed down in said file and that appear, on this occasion, also justified in the ruling to found the liability judgment that is under review”, estimated Carbajo.
The judge recorded that in that case it was “confirmed that Lázaro Antonio Báez instrumentalized the firm Austral Construcciones SA to receive public funds and divert them, having then to resort to money laundering tools with the purpose of giving the money an appearance of legality.” .
Before the Court of the case that has the head of the Senate and the businessman sentenced, the judge recorded that “It is about the same fact – public work – to which I referred when implementing considerations related to the preceding offense.”
“Consequently, based on the survey demonstrated, I note that there are elements of evidence that I valued at the time of legitimizing the sentence handed down in case 3017/2013 regarding the accreditation of the predicate offense, in particular, in the dynamics of the execution of public works and, more specifically, regarding the intervention of Lázaro Báez and Austral Construcciones in that illegal operation, which have also been weighed in the resolution appealed here to issue a condemnatory temperament against them, for which reason I consider that my Intervention in these proceedings can jeopardize the guarantee of impartiality that assists the accused,” he said.
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The recusal of judges Borinsky and Hornos
The lawyers representing Cristina Kirchner, Carlos Beraldi and Ary Llernovoy, challenged the three judges of the Cassation that make up the chamber that must intervene in the review of the sentence to six years in prison and perpetual disqualification from holding public office.
In addition, the defenders request that they not be the ones to intervene to define the treatment of Judge Carbajo’s apartment.
“In compliance with our obligations as defense lawyers, we come to challenge judges Gustavo Hornos, Mariano Borinsky and Javier Carbajo beyond the inhibition already postulated by the latter,” the lawyers stated in their presentation, according to telam.
“They periodically visited the Casa Rosada and the Quinta de Olivos during the presidency of Mauricio Macri, with whom they reportedly practiced social activities,” said lawyers Beraldi and Llernovoy in relation to judges Hornos and Borinsky.
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