The trial for alleged embezzlement of PCR evidence – which involves the former mayor of Quito, Jorge Yunda – is under arrest for a challenge against one of the judges.
The challenge Presented by Jorge Yunda against Fabián Fabara, one of the magistrates of the judgment against the former mayor of Quito and 13 other people in the case of PCR tests for detection of Covid-19, ended without resolution.
On the morning of December 1, 2021, the hearing of this legal resource was held, which keeps the trial against Yunda. What is at stake in this process is that if the challenge, judgment he must change courts and start from scratch.
While if the appeal is not accepted, Fabara rejoins the court and the trial is resumed from the day 16, when the process was paralyzed.
Audience arguments
Defense of Jorge Yunda
The defense of Jorge Yunda stated that the judge Fabián Fabara asked questions of a defendant, when the law determines that he can only question witnesses.
He explained that Fabara’s questions were “behavioral” and that they made the State Attorney General’s Office “migrate towards the theory of Judge”, Which would lead to Yunda be accused not of embezzlement, but of influence peddling.
The defense of the former mayor of Quito explained that in order to appear at the hearing, they analyzed 115 hours of recording of the trial against Yunda and 13 other people.
“The only thing we demand is to have a judge to decide on the facts and the evidence, ”said Édgar Molina, defense attorney for Yunda.
Today, December 1, 2021, the challenge hearing begins that will define whether the trial against Jorge Yunda (@LoroHomero), if #TestingPCR, restarts or advances. We remind you of the process ????https://t.co/R0t0rMLB9b
???? @Dluarahi pic.twitter.com/TDpJL783BI
– The Ecuador Hour (@lahoraecuador) December 1, 2021
Defense judge Fabián Fabara
The defense of judge Fabara called the challenge claim “unusual and weak”; He also detailed that the audio evidence that the defense of Yunda requested to be listened to (a total of four CDs), they should not proceed, because the parties did not have knowledge of these to “analyze and validate them.” Which would represent “evidentiary ineffectiveness.”
Defense attorneys for Yunda, who argued that Fabara’s impartiality actions began on October 6, 2021, but they waited three weeks to present the challenge. “So it can be presumed that it is a strategy to delay the process,” explained Xavier Flores, Fabara’s lawyer. (AVV)
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