They declare the trial of the Cócteles case null and void | The Third Collegiate Criminal Court decided to extend to all the accused the decision to withdraw from the Cócteles case to businessman and leader of Fuerza Popular José Chlimper. The judges considered that the right to due defense of the defendants was violated and, despite this, these errors were not corrected in the procedural stage, causing a state of defenselessness.
With this basis, Judge Mercedes Caballero explained that the process constitutes a “surprise accusation”, so those investigated could not timely and effectively exercise their right to defense. “It is not the same to exercise a defense in court if the accused does not know the reasons for which the accusation is made,” he said.
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Likewise, he explained that the fault was exacerbated because the judge did not warn of this error, which confirmed the alleged illegality of the accusatory request presented by the Public Ministry. “The defendant judge had to correct this at the procedural stage so that the MP could correct the errors he made. This generated a state of helplessness,” Caballero said.
In that sense, judges Mercedes Caballero García, Nayko Coronado Salazar and Max Vengoa Valdeiglesias resolved that the impact on the principle of procedural congruence warned by the TC in the Chlimper case does not allow the public trial to continue, since the right of defense is affected, due process and lack of motivation.
They also establish that the trial is annulled due to the responsibility of the prosecutor of the Special Team of the Lava Jato case, José Domingo Pérez and the preparatory investigation judge Víctor Zúñiga Urday. The judges agreed to report the situation generated by the judge to the competent authorities for the respective corrective measures.
