Supreme Permanent Criminal Chamber chaired by César San Martín will resolve whether to issue 9 months of preventive detention against Freddy Díaz for the alleged crime of rape.
This Monday, February 13, at 9:00 am, the Permanent Criminal Chamber of the Supreme Court will evaluate in hearing the appeals filed by the Second Supreme Criminal Prosecutor and the lawyer Jose Ugaz against resolution that rejected the request for preventive detention for nine months against the lawless former congressman Freddy Diaz. The former parliamentarian is being investigated for allegedly having raped a former worker from his office at the Legislative facilities.
the supreme prosecutor Zoraida Avalosamong other allegations, mainly questions the labor ties of Diaz Monago. For Supreme Judge Juan Carlos Checkley, of the Supreme Court of Preparatory Investigationthe labor ties of the former parliamentarian were accredited when he was hired by Elmer Rofelio Advíncula Salvador as a sales consultant in the company Abbot & Sons Groupdedicated to the sale of hardware products.
However, the Prosecutor’s Office appeared at the address of the company, located in Independencia, “where It was verified that there is no establishment dedicated to the sale of hardware products in the property”.
Thats not all. The sister of Díaz Monago’s alleged employer, Virginia Advíncula Branr, said that “a nursery for children will be installed” at the aforementioned address and stated that he has no knowledge of the company Grupo Abad & Hijos or of the former congressman.
“This would show that the employment contract signed between the accused Díaz Monago and the company Grupo Abad & Hijos on January 12, 2023 lacks veracity and would have been prepared in order to justify an employment relationship that allows the defendant to maintain that he has a job to prove his work ties before the requirement of preventive detention ”, alleges Ávalos.
In this sense, the supreme prosecutor maintains that, with said action, the former congressman “obstructs the investigation of the truth.”
WhatsApp chats
Zoraida Avalos and the lawyer Jose Ugaz warn, in their appeal briefs, that Judge Checkley valued as a strong contraindication to the prosecutor’s thesis an image of an alleged exchange of messages via WhatsApp between Freddy Diaz and the aggrieved, which would denote an alleged sentimental relationship.
The image, alert Ávalos and Ugaz, is not included in the court file or in the tax file.
“The Supreme Chamber will be able to verify from the file of the file, from the conversations that the accused presented as elements of defense, (that) there is no chat between my sponsored and the ex-partner of the accused. The only thing that there is are conversations between the defendant and my defendant that denote an employment relationship, ”says Ugaz.
The legal defense of the complainant points out that “it is seriously striking” that Judge Checkley values an image “that the lawyer showed in the PowerPoint that he used as a support tool when oralizing the arguments” and where the telephone number or the date of the supposed message is not specified.
“The fact that a person maintains a sentimental relationship with another —which we emphatically reject, since there is no evidence whatsoever that proves this at all— does not mean at all that there cannot be an episode of rape,” claims José Ugaz. .
