In reserved audienceOrganized Crime Judge Adriana Chamsarián ordered the preventive detention of businessman Martín Mutio, accused of trafficking 4.5 tons of cocaine to Europe.
Mutio will be in prison until at least December 22 since the prosecutor Mónica Ferrero understands, and the judge accepted, that there was a risk of flight.
One of the containers of the Mutio company, in which it exported soybeans, was seized in Hamburg with the drug.
Chamsarian had acquitted Mutio in August last year, but the Prosecutor’s Office appealed and this Thursday it was learned that an Appeals Court revoked the judge’s decision and sentenced the businessman to 15 years in prison.
But as that failure of the Court of Appeals is not firm until the Supreme Court of Justice expresses itself -organization to which Mutio’s defense went-, it had to be determined whether or not the accused complied with the precautionary measure of prison.
Even once the court’s ruling was known, Chamsarian declared herself incompetent because she understood that since she had initially acquitted Mutio – and it was the court that sentenced him – it should be the court that defines Mutio’s precautionary measures.
After Chamsarian’s statement, the Court of Appeals analyzed the request, but ruled that it is the magistrate who must rule on the precautionary measures.
In her sentence, the court harshly questioned Judge Chamsarian for having acquitted Mutio. “Her conclusions from her are frankly far from common sense,” the ministers stated, in the judgment to which he agreed The Observer. “The operation carried out (…) presented opacities that cannot be explained except within the framework of the development of an illegal maneuver,” the sentence adds.
