The judge of the third court of the Instruction granted yesterday a series of terms so that the defenses in the jellyfish case who have problems with the hard drive containing the evidence, go to the Public Prosecutor’s Office to correct them with the assistance of technicians from the institution, who must submit a report on what previously ordered.
He warned that elements of evidence that have not been shared after this ruling “may not be opposable to the parties.”
Judge amaurys martinez ordered these and other measures, after rejecting the replacement of deadlines for one year, and the total reproduction of the universe of evidence, requested by the former attorney jean alain rodriguez and all the others charged in the case of administrative corruption.
He said that he accepted the petition under the condition of a reasonable, objective and logical term that may lead to the process being prescribed with what is established in article 8 of the Criminal Procedure Code (CPP).
Regarding the total reproduction of the universe of evidence, he affirmed that it is contrary to the provisions of article 40.15 of the Constitution referring to the principle of reasonableness, given the density and volumetry of the same around the case.
However, he said that it is the procedural duty of the MP to assist the adverse party when he appears in person to observe the probative inputs that are indicated in a particular way by the defense parties.
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The judge also ordered the summons of legal entities identified as third parties civilly sued by the lawyer of the complainant, the Dominican State, for the purpose of being able to commission ministerial bailiff, granting permission via the secretary of the court that authorization and power in that sense. convene such parties for a forthcoming hearing.
The judge issued his decision after more than 7 hours of debates in which the Public Ministry, represented by the director of Persecution Yeni Berenice Reynosoaccused the ex-prosecutor of hindering the process with the sole purpose of seeking his impunity.
And it is that, the defense of Jean Alain, headed by Carlos Balcacerrequested the reproduction of the term for one year, alleging that only in this way could they study an accusation that has more than 6 million pages whose analysis is difficult on a computer, in addition to containing information and images that did not correspond to the process.
“That petition has a lot of mockery and little of the right,” said Yeni.