The national preparatory investigation judge Leodán Cristobal Ayala dismissed the requests for preventive detention that the prosecution presented against the former General Commander of the Police, General (r) Javier Gallardo Mendoza, the major (r) Luis Ángel Tuesta Ramos, General Luis Enrique Legua Egocheaga and non-commissioned officer Jorge Tarillo Gálvez for not finding sufficient elements of the procedural danger of escape or hindering the investigations.
Upon General PNP Luis Enrique Legua Egocheaga, the magistrate stressed that the elements presented by the prosecution are not enough to establish his membership in the criminal organization or with the crime of bribery. He noted that the prosecution credits him with providing protection to the organization and favoring the companies, but it is not established who he protected and who he favored.
Meanwhile, although Gallardo, Tuesta and Tarrillo did present elements of their belonging to a criminal organization, the judge explained that the three have family and work roots that rule out the suspicion that they could flee the country. Neither, he said, were there any concrete indications that they were trying to disrupt the investigations, beyond their relationship with the National Police.
The aforementioned investigated had been serving preliminary detention since the end of December, so at the end of the reading hearing of the judicial decision, the four were released. The judge of the 6th National Preparatory Investigation Court imposed a restricted appearance on them with an impediment to leave the country for 36 months, reporting their activities to the court every 30 days, a ban on communicating with their co-investigates, while the investigation is in progress.
In addition, they must pay a bond in the name of the Judiciary. Gallardo Mendoza for 10,000 soles, Tuesta Ramos for 7,000 soles, Legua Egocheaga for 8,000 soles and Tarillo Galvez for 4,000 soles. The prosecution appealed.
The magistrate established that the prosecution did present sufficient elements to sustain that there is a serious suspicion that the former commander-in-chief of the National Police, general (r) PNP Javier Gallardo Mendozathe eldest in retirement Luis Angel Tuesta Ramon and the petty officer Jorge Tarrillo Galvezex-escort of ex-president Pedro Castillo would have integrated a criminal organization for promotions in the police, but that the evidence is still insufficient to prove the crime of bribery.
Therefore, although there is strong suspicion of the commission of the crime, the main element for issuing preventive detention is not fulfilled: the danger of flight or of disturbing the investigations..
In this sense, the judge only imposed an order to appear for the four investigated.
arguments
Judge Leodán Cristobal Ayala specified that some of the elements offered by the effective collaborator 03-2022 regarding former commander Gallardo Mendoza turn out to be false. Among these, Gallardo has promoted non-commissioned officer Jorge Tarrillo to join the former president’s bodyguard or that he has promoted four recently promoted generals to certain positions in the police.
Regarding the visits to the Government Palace, the judge considered that until the content of the conversations is known, they do not prove anything, but the dates on which they took place, one day before being promoted to the police, do establish a revealing suspicion.
Cristobal Ayala noted that of the charges presented by the prosecution against Gallardo, based on the statements of the collaborators and witnesses, there would be revealing indications of only two facts: having received the list of those recommended for promotions and having received money to support certain promotions. .
Regarding the crime of bribery, that is, having received money to favor certain officers for promotion, there are only mentions but no specific data.
Lack of evidence of bribery
Upon the retired major Luis Ángel Tuesta Ramon established that there are elements that link him to the promoted officers and that he had an interest in their promotion to the higher rankto which is added that two witnesses reported having transferred to their home an officer who was later promoted, and who had previously obtained a personal loan.
In addition, he stressed that the intervention of his communications made it possible to establish countless calls with Óscar Monge Marcalupú and Luis Legua Egocheaga, to which is added the content of his personal agenda where the names of the promoted and money figures appear on the side.
Nevertheless, the statements of the collaborators and witnesses are not enough to confirm that he received money, perhaps because the tax investigation is still in its infancy.
Regard, Petty Officer Jorge Tarrillo considered that there are sufficient indications of his belonging to the organizationbased on the statements of collaborators and witnesses of having delivered the list of promotions to Bruno Pacheco and having received money, but still in an indicative manner that is not enough for a strong suspicion.
The magistrate criticized that the defense lawyers made defense arguments, rather than distort the elements presented by the Public Ministry.
