Lawyer Cándido Simón said that behind this skirmish over a false lawsuit between the Attorney General of the Republic, Miriam Germán Brito, and the director of Prosecution, Yeni Berenice Reynoso, what is moving is a plan to weaken them and make them present as entities in confrontation.
He stated that with this they want to make “Yeni (Berenice Reynoso) look irreverent and Miriam (Germán) look soft.”
“That is what there is, to weaken the active process that exists in the prosecution of acts of corruption… that is what they are doing. And attention! The information that has come to me, subject to confirmation, is that it is not the politicians who are in it, but that it is a strong business sector, as a result of the fact that the edges had been touched on the occasion of the last process, ”revealed the lawyer. .
He explained that the information comes from the fact that the lawyers of the former Minister of Finance, Donald Guerrero, who has been questioned several times by the Public ministry and it is under investigation, Yeni Berenice Reynoso was required to access the investigation and she did not comply, so they turned to her immediate superior, Miriam Germán, for her to instruct her.
Simón pointed out that the Code establishes that the prosecutors have the obligation to allow access to the evidence for and against a person under investigation and that the law is designed so that the investigator delivers the evidence that he compiles to the parties, but that the bad practice is that they do not do it and that this is not Yeni’s actions, but rather it is historical.
A matter of legal interpretation
During his participation in the Reseñas program, which is hosted by journalists Rafael Núñez and Adelaida Martínez R. every Saturday at 9:00 p.m. on Entelevisión, the lawyer explained that this whole issue, which occurred in March, focuses on the interpretation legal, since the Code establishes that the rights of the accused are activated as soon as an advance of evidence or a measure of coercion is requested.
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He gave as an example the case of the former governor of the Central Bank, José Lois Malkun, who was summoned for an investigation during the administration of José Manuel Hernández, a case in which the Supreme Court of Justice appointed judge Hiryhito Reyes at the time.
“Hirohito Reyes said that a summons is a procedural act that is not coercion, but restricts freedom, because when a prosecutor summons you if you do not attend, article 100 of the Criminal Procedure Code establishes that they can order your arrest, consequently if you were going to leave the country, you cannot leave,” he explained.
He said that the point with that is that: “Miriam interprets that it must be so because she was precisely presiding over the criminal chamber of the Supreme Court of Justice when that happened and Yeni understands that article 95 must be interpreted in a restrictive manner and the access… that’s what happened”.
an old case
Cándido Simón criticized and called for reflection on why a legal interpretation issue is brought up that is not new, since it occurred in March of this year.
“Pulling out information like new… bullshit that is old. What is the novelty that has information that they already knew. First, it was at the request of parties; second, when Miriam issues the resolution acquiescing to the request to be allowed access to the entire investigation, she instructs Yeni,” she said.
In that same context, he went on to say that this was in March, 5 months ago, and that Yeni challenged the decision within the period established by law, in April, and the instruction with that challenge with the bailiff’s act was notified to Mr. Donald Guerrero’s lawyers.
“So they had that information for a long time, it’s not that the Attorney General’s Office leaked it, as they are saying, and the silly question is: why are they raising that topic now? How strange that medium was, ”said the lawyer.
He said that with that a half truth is being handled, because the information is true but it is false that there is a contradiction between the magistrates.
“The information I have is that this was resolved because Miriam partially or totally revoked the instruction, that is, as a result of Yeni Berenice’s challenge,” he said.
He explained that Law 133-11, the Organic Law of the Public Ministry, establishes that the Attorney General of the Republic and the Director of Prosecution of the Public Ministry can directly take on cases or issue special instructions.
He valued the current management of the Public Ministry, with Miriam Germán at the helm, as positive and recognized the effort being made.
“Honesty dictates that one recognize the tireless effort that this team is making against all odds,” said Simón, who also recognized the current president of the Republic for his decision not to get involved.
Likewise, he pointed out that both Miriam and Yeni and Camacho are acting with the independence that they decided to act, since they understand that being independent is a decision.
Finally, Cándido Simón understands that it is not necessary to reform the Constitution for the MP to become independent, specifying that it is and that independence is a personal decision.