The National Chamber of Criminal Cassation rejected this Friday as inadmissible the request for release presented by the defense of one of the detainees for the group sexual abuse committed almost two months ago against a 21-year-old girl in the Buenos Aires neighborhood of Palermo, reported judicial sources.
The ruling thus confirmed the decision made first by the judge in the case, Marcos Fernández, and then by Chamber VII of the Criminal and Correctional Appeals Chamber, to reject the release of the accused Thomas Fabián Domínguez (21), alias “TH” and identified in this file as the young man with “short dreadlocks”.
“The appeal filed is inadmissible due to lack of justification, insofar as the challenger has not taken charge of refuting each and every one of the arguments contained in the appealed resolution, while those that it addresses show a mere discrepancy in the assessment of matters of done,” states the resolution, which Télam agreed to.
Chamber officers Mauro Divito and Mario Magariños add that “despite the fact that the defense highlights Domínguez’s personal conditions -in particular, that he does not have a criminal record, he identified himself correctly and provided an address, which was duly verified-, he cannot put into crisis the inference made by the court of the previous instance regarding the presence of procedural risks that prevent the freedom claimed from taking place”.
The judges also indicated that the statement made by Domínguez’s lawyer, Jorge Alfonso, “neither demonstrates the alleged arbitrariness nor the concurrence of any other federal matter that enables his treatment.”
For this fact, in addition to Domínguez, there are five other defendants with confirmed preventive detention: Ángel Pascual Ramos (23), Lautaro Dante Ciongo Pasotti (24), Steven Alexis Cuzzoni (19), Franco Jesús Lykan (23) and Ignacio Retondo (22). ).
All of them are charged as co-authors of a “sexual abuse with carnal access, aggravated by the intervention of two or more people”, a crime that provides for 8 to 20 years in prison.
In the case of Retondo and Domínguez, they also add an accusation for the “minor injuries” that they caused to a witness by attacking him with blows before being arrested.
The incident occurred on the holiday of Monday, February 28, starting at 2:45 p.m., at 1300 Serrano Street, in the Palermo Soho area, where a couple of bakers and another neighbor intervened when they saw that inside a parked Volkswagen Gol car Next to the sidewalk they abused a girl in a group.
While four of the defendants -Ramos, Ciongo Pasotti, Cuzzoni and Lykan- were inside the car with the victim, the other two -Domínguez and Retondo- sang and played the guitar on the sidewalk, although “observing and validating the sexual assault “, as established by Judge Fernandez in the prosecution.
For the magistrate, the six acted with “a previous plan, with an agreement of wills and roles”, beyond the fact that not all of them have actively participated in the abuse of the victim, which he described as a “massive sexual attack”.
Both the judge and later the Chamber, maintained that the defendants took advantage of the state of vulnerability in which the victim was -he had alcohol, marijuana and amphetamines in his body-, from which he was not in a position to consent to any act. sexual.
