What happened this Monday Santa Cruz road works trial is a complete symbol of what the process was: at the end of his argument, the prosecutors Diego Luciani and Sergio Mola they withdrew the accusation against Carlos Kirchner for integrating an illicit association and defrauding the State. So, to hide the paper a little bit and not leave previous prosecutors and judges so exposed, Luciani-Mola accused Carlos Kirchner of a misdemeanor —breach of the duties of a public official— and asked for an almost symbolic sentence: two years in prison in suspense. But the serious thing is that Carlos Kirchner was already imprisoned —pretrial detention— for two years in the Ezeiza prison.

The arguments of the defense of Carlos Kirchner

The defenders of Néstor Kirchner’s cousin demonstrated that he had no connection with road works, that he had only seven (7) employees and dealt with the so-called Program 86which was assistance to 1,800 urban works, in different municipalities throughout the country.


The doctors Enrique Arce and Nicolas Guzman They began by giving two initial reasons why “Carlos Kirchner cannot be condemned”:

*”You cannot condemn Carlos Kirchner for surname bearing, as has been done throughout this case, invoking the family relationship. The old criterion of condemning the entire tribe was used.”

*”And you cannot condemn Carlos Kirchner because already suffered illegal deprivation of liberty for almost two years. It cannot be condemned to hide the damage that has already been done. Nothing would legitimize the confinement they imposed on him.”

The file known as Vialidad has aspects so scandalous like the fact that no one initially accused Carlos Kirchner: not even the road inspector of macrismo, Javier Iguacelthat he did not name him in the first or the second complaint. Neither did the natural prosecutor of the case: Edward Taianodisplaced by a maneuver of justice aligned with Together for Change.

The defense said that the accusation against Carlos Kirchner started from the unusual trick of taking a photocopy of the complaint and resubmitting it. Based on this trap, Commodore Py’s apparatus removed Taiano and imposed two new prosecutors: Gerardo Pollicita and Ignacio Mahiques, the latter directly linked to macrismo..


In just eight days, the new prosecutors supposedly reviewed the 51 works in question and issued an opinion of hundreds of pages, all impossible of course. It was done in advance. In that letter they involved Carlos Kirchner, who did not have the slightest relationship with the Santa Cruz road works. He never signed any resolution or ruled on tenders, awards or controls. All this was made so clear in the trial that Luciani and Mola renounced accusing the former Undersecretary of Coordination of Federal Public Works in relation to the two central crimes: illicit association and state fraud.

To cover up the scandal a bit, the prosecutors —in a clear corporate attitude with Pollicita and Mahiques— maintained an accusation for breach of the duties of a public official because, according to what they said, he should have realized that there were irregularities. Of course, they asked for a suspended sentence, so it is already clear that Néstor Kirchner’s cousin will not return to jail, even in the very unlikely event that he is convicted.

In this trial it was proved that Carlos Kirchner was not involved in the 51 works which this trial is about. He didn’t intervene in anything.” maintained Arce and Guzmán. A relevant document that the defenders presented is that next to the payroll of the seven employees of the undersecretary that Kirchner headed, it appeared as a reason for the remuneration, Plan 86, that is, only the plan related to the municipalities. No reference to routes or roadworks.

A bittersweet atmosphere hung in the air. On the one hand, because the argument made by Arce and Guzmán was forceful: there seems to be no chance that the court will convict Carlos Kirchner. But on the other hand, he replayed a message that one of the defenders wrote in the private chat of the trial: “Thank you Diego.” Obviously, the other lawyers understood that it was a thank you to Luciani for having withdrawn from the decisive accusations regarding Carlos Kirchner. Perhaps it was an irony, but in any case other defenders considered it a bad irony when in the previous hearing the former president Cristina Kirchner He virtually requested the accusation against Luciani and Mola for prevarication, abuse of authority or other crimes.

This Tuesday alleges the defense of José López, the former Secretary of Public Works who left the nine million dollars in the convent of General Rodríguez. Throughout the trial, the former official was not named either. Prosecutors turned to the chats found on his cell phone that day he was detained at the convent. In other words, they brought evidence from another file, evidence that was never discussed in the trial and that the judges authorized to use almost in the last hearing of witnesses.

The messages are also not very incriminating: At the end of November 2015, a manager of Lázaro Báez, Julio Mendoza, contacted López to demand payments to be used for salaries, and López sent messages to a CFK secretary. The prosecutors hid that there were hundreds of those chats, mainly with macrista businessmen linked to public works and that the messages from Mendoza-López and one of Cristina’s secretaries were just four in 26,000. Many of the chats were for the same reason: to claim payments.

Everything indicates that the bribes collected by López came from companies related to the burial of the Sarmiento Railway, a work awarded to the Brazilian Odebrech -which confessed to having paid bribes in many countries-, Iecsa, from the Macri group, the Italian Ghella and the Spanish Comsa. The maneuver consisted of setting up a consulting firm in Spain and, alleging non-existent jobs, transferring millions of dollars that went to bribes. But that has nothing to do, at least apparently, with the file on the works in Santa Cruz.

The allegation of the defense of López will be in charge of James Finn, an official advocate.

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Source: Pagina12

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Varun Kumar

Varun Kumar is a freelance writer working on news website. He contributes to Our Blog and more. Wise also works in higher ed sustainability and previously in stream restoration. He loves running, trees and hanging out with her family.

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