The accusations of the prosecutor Sergio Moya and the attempts to remove the O’Higgins Regional Prosecutor, Emiliano Arias, from the Public Ministry, while he was leading three cases of high public connotation – the Caval case, the cover-up of the hierarchy of the Catholic Church in cases of sexual abuse of minors by clergy and the investigation for corruption against ministers of the Court of Appeals of Rancagua -, in the opinion of various sources within the Public Ministry, constitute one of the darkest moments of the Prosecutor’s Office.
Within the framework of various cases that were opened in parallel to this scandal, part of the evidence that was provided is related to “extractions” of WhatsApp messages made to the telephones of prosecutor Moya.
Within the conversations via WhatsApp, which took place between the end of March and the third week of April 2019, Moya maintains frequent contacts with the Regional Prosecutor of Ñuble, Nayalet Mansilla -today a candidate for National Prosecutor-, where he expresses his concerns about that they open a summary investigation into certain correspondences that he had with police intelligence personnel, in the framework of the Huracán case.
Concerned about this situation, on March 22, 2019, Moya wrote to Mansilla confirming that an investigation would be opened against him. “Hey, Don Jorge called me, he told me that Palma (Regional Prosecutor of Aysén and also a candidate for National Prosecutor) sent him a letter and that in merit of that he is going to make me a summary x hurricane.”
– “I hope the guy gets stuck with a lamb bone in today’s food,” Moya writes to Mansilla. And he finishes: “Okay, a hug and a spit on Palma.”
Showing a closeness to the style of prosecutor Jorge Abbott, both persecutors continue talking and it is in this context that Moya, days before he decided to light the bonfire in the institution, by denouncing prosecutor Arias for different acts of corruption -which were later discarded by the courts–, he anticipates to Mansilla the steps he would take to unleash the scandal.
– “It takes me an hour to get an interview at El Mercurio, Cnn and Mosciatti, and I can leave the shit”, he points out to the Ñuble Regional Prosecutor. And then she adds:
– “Palma Maraco sent the official notice denouncing me on January 15 and shortly before he told me that I had nothing to worry about,” Moya confesses to Mansilla, after which he concludes: “Well, whatever it is, no more, but If they want to sanction me, it will cost them.”
Hours before prosecutor Moya gave the interview on April 16, 2019, to Bio Bio Radio, where he launches all the accusations against Arias, the prosecutor was concerned that the scandal could affect Jorge Abbott. “The only thing I tell you is that you think about the good (…) of Don Jorge.”
Shortly after the accusations materialized in the media, Moya and Mansilla began to plan how they would have to go forward with one of the emblematic cases led by prosecutor Arias: the investigation against the judges of the Rancagua Court of Appeals.
From what is clear from the messages, at the time of Moya’s complaint to the media, there was already talk that the case against the ministers of Rancagua would go to the persecutor Nayalet Mansilla, and that all this was also already discussed with the then National Prosecutor, Jorge Abbott.
-“How many people are we going to need for the investigation?” Mansilla asks Moya. “You have to ask for support.”
-“Just wait when I name you”, Moya answers. “Now you will be: La Emiliana!”.
-“After this investigation I will be lucky if I stay in the prosecution”, answers the current candidate for National Prosecutor.
-“Are you sorry?”, Moya asks. “If you’re sorry, you can still say it.”
– “Thai crazy”, responds Mansilla. “He had to touch me no more.” “Nothing is random.”
– “No”, Moya assures him. “We chose you with Don Jorge.” “There must be a reason”.
-“Nayalet, as I know Emiliano well, I suggest you have the documents ready to request the delivery of the case, if you want someone to prepare it and I’ll review it,” he tells her.
-“What do you mean by trades?”, asks the prosecutor.
-“To ask for the cause as soon as they notify you”, answers Moya.
– “In any case, they have not told me anything else about the Fn,” warns the persecutor. “Except for Don Jorge on Sunday.”
The offer of Mansilla
Just at the time these conversations were taking place, the process to elect the new Southern Metropolitan Regional Prosecutor was closing. And according to Moya, Héctor Barros would be the chosen one.
– “Barros, it’s the man,” he tells Mansilla. “If he leaves, I’ll go with him to create a fac (High Complexity Prosecutor’s Office) of the south.”
To get Moya out of the eye of the storm, prosecutor Mansilla proposes another solution.
-“Come to Chillán no more”, the persecutor proposes.
And Moya asks: “But what about grade 4?”
The current candidate for National Prosecutor gives her peace of mind:
-“I have an idea to bring you”. “With your causes we open high complexity here.” “And I bring you as boss.” “The Quirihue prosecutor smells like stiff meat.”
Finally, it was Héctor Barros who won the South Metropolitan Prosecutor’s Office, and Abbott decided to refer the case related to the Rancagua Court of Appeals to him.
consulted by The counterthe aspirant to occupy the highest position of the Public Ministry assures that “in relation to Sergio Moya’s complaint against Emiliano Arias I was not aware of this or its tenor”
Regarding the case that he maintains that he would be assigned, he indicates “that when I took office as regional prosecutor in Ñuble there were inquiries related to an investigation led by prosecutor Arias in this region and the national prosecutor has the power to designate an exclusive regional prosecutor who take all the edges, ultimately the investigation was assigned to another regional prosecutor”.
With respect to the content of the conversations with prosecutor Moya, the persecutor points out: “I don’t remember the tenor of them and I cannot take responsibility for what prosecutor Moya said.”
