The Supreme Court annulled the acquittal of the accused of the Casseño journalist Pedro Flores Silvacommitted in September 2011, for investigating and denouncing acts of corruption that implicated the then mayor of the Comandante Noel district, Marco Antonio Rivero Huertas. Likewise, he ordered a new oral trial to be carried out.
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The magistrates concluded that in the process not all evidence was adequately evaluated nor proceedings, so he ordered that another higher collegiate body carry out a new process in which, for example, the statement of Mercedes Cueva Abanco is valuedwho was the journalist’s cohabitant, and that Rosa Ana Flores Silva, sister of the victim, be summoned, to whom he would have told who would be responsible for an attack against her.
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With this decision he leaves the acquittal of former mayor Rivero Huertas without effectprosecuted as an instigator; to his father-in-law Miguel Humberto Becerra Pérez and the former municipal advisor Antonio Azalde Lluen, in their capacity as primary accomplices; as well as Bladimir Anderson Castillo Castro and Emilio José Ciriaco Agreda, accused of having been hired to commit the crime against the journalist.
Supreme Court ruling that annuls the acquittal of those accused of the crime of journalist Pedro Flores Silva.
As recalled, Flores Silva was murdered by two hooded men near his home in Casma, dying two days later due to the severity of the gunshot wounds to the colon and liver.
Test assessment
He lawyer Juan José Quispe, from the Legal Defense Institute (IDL)which represents the family of the murdered press man, highlighted the importance of the Supreme Court’s decision for a new oral trial to be held and each of the pieces of evidence to be assessed.
“The court has made a thorough study of the evidence provided by the parties, which was not properly evaluated by the Chamber that acquitted all the accused. And it has annulled the acquittal sentence because it has incurred several violations of constitutional principles, such as the evaluation of the evidence, the due motivation of the judicial resolution,” he indicated.
He highlighted that the Supreme Court had indicated that the Chamber did not take into account the circumstances in which the statements of the journalist’s partner were taken, and only assessed the one she gave to the police the day after the attack, when Flores Silva was admitted to the hospital, fighting for his life, in which he did not accuse the then mayor of Clemente Noel.
“There were three more statements from the lady that generated more conviction for the Supreme Court. The first statement was taken when Flores Silva was admitted to the hospital dying, who in those statements assured him that the person who ordered him to be killed was Rivero Huertas. That was not evaluated well,” he said.
He added that the court’s attention was drawn to the fact that the Court had not allowed three CDs that contained the audios and videos to be heard that established that the journalist accused the then mayor of the attack, violating the right to evidence of the Prosecutor’s Office and the Civil party.
The lawyer specified that both the widow and the journalist’s brothers (Rosa Ana and Walter) were informed by the journalist during his agony that the person responsible for ordering his death is the one known as the stripe or ratin, which is the nickname by which Marco Rivero Huertas is known. In addition, he maintained that the hitmen were related to crime because the blue motorcycle, balaclava and bullets of the same caliber with which they killed Flores Silva were seized from their home.
Likewise, he stressed that for the supreme court it has become clear that the evaluation of evidence based on evidence carried out by the higher court also lacked due motivation.
Quispe recalled that there was a similar homicide involving the crime of a journalist, who before dying, accused the person responsible for his murder, which was assessed by the Court that heard the case. “The journalist Alberto Rivera Fernández, who stated that if something happened to him, the person responsible would be the then mayor of Coronel Portillo, Luis Valdés Villacorta. This is a very similar case, where there are hitmen, people linked to unions linked to hitmen who placed workers in the municipality.
