The Cristina Kirchner’s lawyer in the ‘Roadway’ case, Carlos Beraldiassured this Friday that the work of prosecutors Diego Luciani and Sergio Mola constitutes “a paradigmatic case of lawfare”, while noting that the Vice President has already asked the court to take testimonies to initiate an investigation for the crime of prevarication.
Speaking to channel C5N, Beraldi accused Luciani and Mola of incurring lies and inconsistencies during the oral trial, and about the possibility of starting a complaint for prevarication against the prosecutors, he remarked that “Dr. Kirchner has already requested this directly.”
“Once the sentence is handed down, it will be necessary to decide whether to start an investigation at the headquarters of the Attorney General (General of the Nation) or directly before a criminal court,” he anticipated on that point.
When asked if he considered that the court’s sentence “was already written” with a conviction of the head of the Senate, the lawyer answered no and said that has the expectation that “there will be a ruling according to law”.
“I am not an optimist nor am I a pessimist, but our work had a lot of impact,” he assessed when referring to the allegation that concluded this Friday.
He also valued the work of other defense attorneys who intervened in the case, among which there were -he said- “very powerful presentations, with solid and convincing technical explanations”.
The responses to the accusations
Beraldi referred to one of the points of his presentation, in which he replied to one of Luciani’s premises that Tango 01 had flown to Santa Cruz on November 30, 2015 with the -alleged- purpose of holding a meeting in Río Gallegos with Lázaro Báez.
That flight, he stressed, had been the day before and without the presence of Cristina Kirchner, who was in Bariloche.
“From some messages that they had found on José Lopez’s phone, and that were incorporated into the trial on the last day of the hearing to surprise us, they looked for a story and the story was that from those messages it emerged that a meeting was going to take place. in Santa Cruz. But when connecting that message with the note (an article from the newspaper La Nación used by the prosecutors for the accusation) there was a 24-hour discrepancy, “said the defender.
And he added: “We found that that day the then President had traveled to Bariloche to hold an act, to participate in an industrial uranium enrichment plant.”
That finding, Beraldi continued, led him to wonder at the closing of the allegation “how do you come back from this, how do you go back from this”, since – he insisted – “that was not the only lie”.
Also, questioned that Luciani and Mola have not had “expertise, an objective element” to prove the supposed patrimonial damage against the State, for which they presented “a form that they made, and then we heard the prosecutor say that ‘we more or less calculated this, and we put more or less this other’.”
“For a matter of decorum, I did not want to advance, because this is a scandal. They say it is a case of corruption and the prosecution does not have the expertise to document it,” he criticized.
For Beraldi, the action of the prosecutors in the case can be read as an example of “lawfare”, because this type of judicial practice consists of “proposing a hypothesis and sustaining it regardless of whether or not there is evidence.”
“In this case it is much worse, because the public ministry, the prosecutor’s office, is a State body and this function has to be carried out in accordance with the principle of legality,” he concluded.