The Special Team of Prosecutors Against Corruption of Power (Eficcop) denied before the judges that the businesswoman Sada Goray Chong negotiated and processed an effective collaboration agreement with the Public Ministry, reason why her lawyer appealed to the Supreme Court of Justice to recognize a reality that was public and notorious.
This denial, according to its Lawyer Francisco Alvarez Davilawas decisive for the preliminary investigation judge Raul Justiniano Romero and the National Criminal Appeals Court imposes and ratifies a court order of 30 months of preventive detention that he has been serving since July 7, 2023 in the Chorrillos women’s prison.
Sada Goray was arrested one day after returning to Peru from the United States and staying at the Costa del Sol hotel at Jorge Chavez Airport, according to her lawyer, on the instructions of the team of prosecutors led by senior prosecutor Marita Barreto.
César San Martín, president of the Criminal Chamber of the Supreme Court
The businesswoman and general manager of the Marka Group company is accused of paying an alleged corruption network that operated within the Ministry of Housingduring the government of former President Pedro Castillo, so that his company could obtain public works contracts.
On October 24, 2022, Sada Goray offered the prosecution to reveal all the details of this corruption plotbut on July 7, 2023, upon being arrested, she was notified that her request for effective collaboration was rejected on October 3.
Appeal for cassation
By failing to get the judges to give legal value to the reality of the negotiations and the procedure for effective collaboration, the businesswoman’s defense appealed, via an appealbefore the Permanent Criminal Chamber of the Supreme Court, presided over by Supreme Court Judge César San Martin Castro.
Francisco Álvarez Dávila, Sada Goray’s lawyer
In his appeal, The defense attorney proposed to the Supreme Court to establish as a jurisprudential doctrine and for the specific case of Sada Goraythe following three topics:
1) That the prosecution and the judges recognize the value of a special process of Effective Collaboration as a circumstance to establish the procedural roots: domiciliary, family, work, of a person under investigation. Álvarez Dávila explained that, although said special process was rejected by a resolution dated July 3, 2023, For nine months, the prosecution, through Eficcop, knew about his home, family and work roots inside and outside the country.so it is a mistake for judges to now say that because he lives abroad, he does not have a fixed home address.
2) That the possibility of evaluating the documents of Effective Collaboration be established in the appeal of a preventive detention, in order to prove that Sada Goray is residing in the country. The lawyer explained that the minutes of the statements given by the businesswoman abroad prove that for more than nine months the Public Prosecutor’s Office was aware of her location, inside and outside the country.
3) That it be confirmed that mere membership in an alleged criminal organization is not sufficient to establish a procedural risk of flight. The Supreme Court has established, the lawyer recalled, that in these cases it must be proven that the organization is not dismantled and, being active, has the possibility of helping to escape or hinder investigations. In this regard, Francisco Álvarez indicated that The only people who are in prison for this case are former president Pedro Castillo and former minister Geiner Alvarado.The other defendants face the investigation at liberty.
The audience
The Permanent Criminal Chamber of the Supreme Court evaluated the businesswoman’s appeal in a hearing held on July 17. After hearing from attorney Francisco Álvarez Dávila and deputy supreme prosecutor Denis Pérez Flores, the judges announced that they will announce their decision on Tuesday, July 30..
Denis Pérez Flores, deputy supreme prosecutor
At the hearing, Álvarez Dávila explained that the process of effective collaboration of Sada Goray was a public and notorious fact, which In the preliminary detention order for Miguel Girao, it is acknowledged that the prosecutor Marita Barreto traveled to the United States to take the statement of the aforementioned businesswoman. and, in the records of that process, it is recognized that she resided outside the country since June 2021 and with stable residence in the United States since August 30, 2022.
He reported that Sada Goray requested to accept effective collaboration on October 24, 2021, at which time the Public Prosecutor’s Office learned that he had several addresses: In the United States, in Tampa, Florida and in Lima, at the Club el Golf Los Incas and the Club El Golf Trujillo.
That is how it is, the lawyer added, The then Attorney General, Patricia Benavides, and her deputy attorney Marco Huamán, and the senior attorney Marita Barreto, and the prosecutors of Eficcop traveled to the United States and the town of Punta Canain the Dominican Republic, to take the businesswoman’s statement.
Sada Goray’s lawyer asked for the documents of the effective collaboration process to be evaluated
She noted that prosecutors later asked her to come to Peru to continue her statement, but to enter through another country to avoid being tracked. In response to that request, she returned on May 3, 2023 via Chile, to continue her statement and sign a pre-agreement for effective collaboration.
The agreement provides that she must report her activities every 60 days, for which On July 6, 2023, he returns to Lima, this time via Colombia, staying, his lawyer said, at the Costa del Sol hotel at the request of the prosecutors.. The next day she was arrested at the hotel,
However, Alvarez added, The prosecutors denied this reality without any hesitation. and by requesting his preventive detention before Judge Justiniano Romero and, they partially denied it again, before the Court of Appeals.The State has no qualms about lying“, the lawyer emphasized.
Álvarez Dávila reported that of the 12 people under investigation for the Mi Vivienda case, the prosecution requested preventive detention for five, of which to date only she, former president Pedro Castillo and former minister Geiner Alvarado, are the only ones who remain detained.
The questions
Sada Goray, apart from senior officials, is the only person under investigation who has been arrested
After the lawyer concluded his argument, the president of the Supreme Court, César San Martin, asked prosecutor Pérez Flores if what the lawyer said was correct or if there were some details that needed to be clarified.
– The prosecutor responded that she was detained in a hotel, which shows a lack of ties, and that it was a matter of introducing information in agreement with an effective collaboration that was denied.
– Whatever it was, replied the judge, the question is whether or not these proceedings exist?
– Yes, it exists, the prosecutor replied, but we consider that since the collaboration notebook was denied, there would be no possibility of its use..
– But, how could it not be? The request is denied, but the actions, as long as they express realities, how could they not be taken into account? San Martín insisted.
– Yes, they are in the file, was the response of the deputy supreme prosecutor.
If the Supreme Court accepts her request, Sada Goray will regain her freedom
– These are realities, so they must be assessed. Here we are not discussing his guilt, but rather we are assessing the dangers. If what is said about him being there, testifying, leaving, returning, and returning again is correct.
– Yes, that’s correct, the prosecutor replied again.
– The prosecution knew of their address in that place, they knew that they were going to Punta Cana. The prosecution knew everything. Everything! Or am I wrong? the judge asked for clarification again..
– Indeed, Supreme Judge, it is real, the prosecutor replied again.
– The issue here is to determine the procedural danger because in this case, apart from the high officials, Ms. Goray is the only one detained.
– The statement in Punta Cana was made in a hotel, that does not prove ties, the prosecutor tried to insist.
– But you agreed to it. It is a matter of the procedure of collaboration that you agreed to. Neither can one ask for absolute formality.
At that point in the dialogue, lawyer Francisco Álvarez intervened to clarify that Sada Goray’s stay at the Costa del Sol hotel was known to the prosecution, It was an agreement with the prosecutors and then she would retire to her homewho have accompanied the cell phone messages in their request to the Supreme Court.
San Martín again asked the prosecution to verify the authenticity of this statement, Prosecutor Pérez again replied that the data was real.which concluded the hearing.
