In more than one case, controversial decisions by certain judges, which delay the proceedings, are taken on the eve of holidays.
The judges of Pichincha Wilson Lema and Patlova Guerra They accepted the challenge raised by the former mayor of Quito, Jorge Yunda, against magistrate Fabián Fabara, on the eve of an extended holiday.
With that decision, the trial of the former mayor of Quito is further delayed, Jorge Yunda, and 13 others prosecuted for the alleged irregularities in the purchase of 100,000 tests for the detection of Covid-19, during the worst days of the pandemic.
Acceptance of the challenge was given on December 22, 2021, at the beginning of the holiday season. The oral decision was announced that day, but the magistrates announced that they will present their written resolution in at least 10 days; that is, in January 2022.
As of that date, Judge Fabara’s defense will only be able to appeal. If the Lema y Guerra decision is ratified, the trial against Yunda would go back to zero. That is another court will be bypassed, he must know the case and witnesses must be called again.
Users in networks they criticized the “delays” in this case. The embezzlement trial hearing she had already been 14 days old when she was suspended for the challenge. That is why Xavier Flores, Fabara’s lawyer, indicated that the application of this figure was a “Delaying measure” by Yunda.
Another striking fact is that the challenge was formalized by Yunda on October 21 last. And it was only on December 1 that the hearing was set up to find out if Fabara continued to hear the case or not. A few hours later, the diligence was suspended.
It took three weeks and on December 22 returned to settle to publicize the decision of the magistrates in favor of the former mayor. All on the eve of the Christmas celebrations.
The Yunda case
Jorge Yunda and 13 others They are prosecuted for the alleged embezzlement. According to the investigations, certain irregularities are presumed in the purchase of Covid-19 detection test. According to the accounting expertise presented by the Prosecutor’s Office, this would have caused a loss of $ 2.2 million.
The Court was initially composed of Motto, Guerra and Fabara, who began the trial stage on September 30, 2021. The Prosecutor’s Office presented 100 evidence, 25 experts and 16 witnesses.
On October 21, 2021, when the participation of the defendants’ lawyers began, the first incidents occurred. Yunda’s legal representative, Marcelo Icaza, assured that judge Fabara was not being impartial and therefore presented the challenge. The trial hearing was suspended until this legal appeal was resolved.
Other cases
In social networks it was also recalled that Judge Patlova Guerra had other cases in which there were controversial decisions.
On Christmas 2019, the Prosecutor’s Office issued a statement rejecting the decisions of the Pichincha judge.
On Christmas Eve, she revoked the preventive detention against the Prefect Paola Pabón, of the ex-legislator for the correísmo Virgilio Hernández and of the activist Christian González.
The Prosecutor’s Office indicated that year that “I would analyze legal actions” according to an alleged crime of prevaricate, which is typified in art. 268 of the current Penal Code (Coip). The norm sanctions judges who “fail against express law, to the detriment of one of the parties.”
According to the Prosecutor’s Office, the revocation of the preventive detention occurred despite the fact that -during the hearing- the prosecutors exposed “elements of conviction” regarding the defendants. The Public Ministry maintained that they had participated in an alleged “ignorance of the Constitution and an attempt to overthrow the Government” after the October 2019 demonstrations.
The case was finally opened for alleged rebellion. In August 2020, all three were called to trial, but there is still no installation date for that hearing and the case. continues in impunity.
Despite the announcement by the Prosecutor’s Office to take legal action against the judge, no measure was made official.
Attack Against War
Oscar Caranqui, who was incarcerated for drug trafficking in the ex-criminal García Moreno, in Quito, I had a list of authorities that they could be a target of hitmen, according to data provided by the National Police in 2007. Within that list was the then minister judge of the second criminal chamber of the Superior Court of Quito, Patlova Guerra.
One year earlier, on December 15, 2006, at 08:20, Blanca Cando, a judicial officer, she was attacked by a hitman and died with two shots to the head. The investigations showed that the attack was actually directed against Judge Guerra, who was handling the Caranqui case. Other attacks against judicial officials occurred then
