federal judge Maria Eugenia Capuchetti assigned to prosecutor carlos rivolo probe into the September 1 assassination attempt against Christina Kirchner, The magistrate said that he took this decision because the vice-president, who is the victim and litigant in the case, questioned his impartiality and asked him to be removed from the file.
“I cannot ignore the fact that my impartiality as Director of Process was justifiably called into question by the same complaint,” the judge said. “Since the challenge is before that court, I must find a procedural remedy that leads to the best administration of justice and to the legality of the acts that have subsequently been done with that answer,” Capuchetti went on to explain his ruling. Said for Handing over the case to the prosecutor was his way of solving the problem.
This delegation implies that Prosecutor Rivolo will carry out the investigative measures and that only the judge must resort to authorizing certain measures proceeding on the accused, such as searches, arrests or telephone interceptions. The prosecution, on its own, may take witness statements, request reports, collect evidence.
Capuchetti clarified that the decision is not meant to disregard the Federal Chamber’s instruction to prosecute the detainees Fernando Sabag Montiel, Brenda Uliarte and Gabriel Carrizo, whom the Vice President accuses of being co-perpetrators of the crime, but Which for now is only considered a secondary partner.
The judge said that Rivolo could, if he so wished, proceed to trial “if he considers that the instruction is complete in any part of it (or in its entirety)”. Capuchetti wrote, “The position taken in pursuit of a better administration of justice and greater speed of process is in no way contrary to the Guidelines of Appeal.”
The measure of the judge occurs when the Federal Chamber analyzes the actions of the magistrate in charge of the file. Christina Kirchner harshly criticized the way she conducted the investigation; She accused him of wanting to get rid of the case and reprimanded him for not going ahead with the suggested evidence measures as a complainant.
Judges of the Federal Chamber Mariano Lorens, Pablo Bertuzzi and Leopoldo Bruglia are working on a motion involving whether it is appropriate to hijack the phones of two aides of Pro Deputy Gerardo Millman, a clue suggested by the vice president. But they debate whether in the same resolution they also analyze how the Capuchetti case was handled and call for some investigative measures.
Capuchetti’s first blow to the case came immediately after the attack, when federal police, in a court-ordered procedure, could not unlock detainee Sabg Montiel’s cell phone, and when the court sent him to the police to factory reset the airport security device. But has come. Now they are trying to recover that information, so the police have drawn up an administrative summary and expert opinion is being taken to fix the responsibilities.
The judge made the decision ahead of Christina Kirchner’s new request to expand the charge on Carrizo and complete evidence to investigate Millman and other lines related to a right-wing group. The judge said that Christina Kirchner’s lawyers “raised a series of issues related to the emergence of evidence in the last month of the investigation which, in their opinion, would warrant new proceedings.”
“As a starting point, let me state that the complaining party this time re-issues issues that have been resolved in a timely manner by the undersigned or that are pending review by the Superior,” Capuchetti wrote. “Furthermore, I have not only provided adequate judicial responses to these issues, but it is precisely on those responses that the challenge (of the same complaint) has been clarified, pending review by the appellate court,” Capuchetti replied to the complainant. .
He said the vice president’s lawyers also asked to detail the charges against the three detainees, which were confirmed by the Federal Chamber and remained firm without questioning by Christina Kirchner.
