The criminal chamber of the Supreme Court of Justice ordered to take into account the communications from the cell phone of Congressman León Freddy Muñoz in the process against him for alleged drug trafficking.
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The court modified a first instance decision that had denied the practice of that evidence requested by the congressman’s defense.
“The skills to analyze the incoming and outgoing calls of the cellular subscriber reported by the accused, belonging to the Claro company, and their location cells; as well as data, text and chat messages, during the first half of 2018, a period that, in the opinion of the Chamber, is sufficient to fulfill the evidentiary purpose of the defense,” said the Court.
Muñoz was captured in June 2018 at the José María Córdova airport in Rionegro, Antioquia., when he was traveling from Bogotá with a briefcase in which the Police found several grams of cocaine. The Prosecutor’s Office charged him with the crime of trafficking, manufacturing or carrying drugs that he did not accept.
The congressman’s defense seeks to demonstrate in court that he did not act in a “trafficking context to procure or sell drugs”but it had been a setup against him.
That is why the Court determined that the calls and messages from the Congressman’s phone could “shed clues” about the alleged crime.
“The Chamber finds that some of the evidence requested by Muñoz Lopera’s attorney is pertinent, due to its relationship with the aforementioned subjective element of the type of possession of narcotics,” the Court concluded.
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Later in its decision, the Court held that the evidence “could provide elements to discuss the thesis that he was carrying the narcotic with him in order to traffic it; At the very least, through his personal cell line, whether through calls, messages or chats, and through his location cells.”
