Federal judge Sebastián Casanello rejected the nullity of an opinion by prosecutor Guillermo Marijuan, who proposed the dismissal of former vice president Cristina Kirchner in the case for money laundering, in which businessman Lázaro Báez was convicted, known as the "route of K money." The magistrate resolved to "not grant" the nullity claim presented by the Civil Association "Bases," accepted as a plaintiff in the case by decision of the Federal Chamber of Buenos Aires, Casanello's superior, according to the ruling accessed by Noticias Argentinas.
"We are not facing issues of validity but rather differences regarding the merit of the evidence, which refers to a completely different area of discussion," the judge stated. In the ruling, he explained: "To clarify this matter, it is clear, implies admitting that the Public Prosecutor's Office, as the holder of public action, has ceased to be an accuser. From here remains the constitutional duty of the judiciary to assume its role as guardian of legality and to observe rational behavior."
Moreover, the judge recalled that currently this private complaint is the only driving force of the criminal investigation since the prosecutor "as the holder of public action, has ceased to be an accuser." This is true because Marijuan confirmed that the former vice president should be dismissed in this investigation due to lack of evidence linking her to the money laundering operations attributed to Lázaro Báez with money obtained illegally from national public works during the Kirchner administration.
In that regard, he emphasized that "the questioned opinion is duly supported and exhibits a conclusion that led to a specifically motivated request." Marijuan "expressed his position in this process regarding the criminal responsibility of the accused, in exercising public criminal action, a power exclusively conferred to that Ministry," and did so "through a reasoned derivation of the applicable law in light of the facts of the case, which specifically and coherently referenced," the judge concluded.
The former vice president remains charged in the case, and measures of evidence indicated by the Federal Chamber are being carried out, which revoked the dismissal proposed by the prosecution. "Although this would not be a rarity, it is absolutely unprecedented for this to occur under the current conditions of the file," initiated more than ten years ago. Casanello assured: "What is done is done."
