The judge Juan Carlos Sánchez Balbuena, declared the request unfounded of the Public ministry from impediment to leave the country requested for the former regional governor of Arequipa Yamila Osorio. The magistrate considered that the testimonies of two applicants to effective collaborators, who accuse Osorio to demand a bribe of 2 million soles to ICCGSA for section III of the Uchumayo Bypass, they are not corroborated. Therefore, they cannot be grounds for a coercive measure.
Sánchez Balbuena supported his resolution in article 158 of the Criminal Procedure Code, which indicates that corroboration of the testimonies of the collaborators, to dictate a preventive measure or an effective penalty. At the hearing, the fiscal Hamilton Montoro supported the corroboration of the aspiring collaborators with documents of the award process of section III of the Variant of Uchumayo, to give veracity to the dates. For Sánchez, a documentary or testimonial support is needed, from the ham requesting fines from Osorio to the directors of the ICCGSA company.
The judge also does not consider in the support of the Prosecutor’s Office, the report of Comptroller of 2018, which found irregularities in the award and execution of the work of section III of the Variant of Uchumayo. The magistrate’s reason is that the fiscal He did not attach it to his request or present it at the hearing. Montoro only named it, indicating that it was publicly accessible.
The judge admits that the statements of the witnesses are an indication to begin the investigations, since they accuse a serious crime, but do not qualify to dictate a measure that prevents the right of free movement from ex-governor.
Other reasons of the judge
The magistrate also ruled out the danger of flight from Osorio, who has been in Spain since June 25. Maintains that she went abroad before the investigation is openedOn October 23, therefore, he had no knowledge of the facts alleged against him.
Finally, the judge Sánchez Balbuena maintains that the preliminary proceedings would not require the presence of Osorio in the country, as they include declarations and requests for information. In addition, it maintains that there have been no proceedings that have been frustrated by the absence of Osorio, which would be an indication of obstruction.
The judge does not rule out that, in the future, a coercive measure may be issued against the ex-governor to ensure the research, but it will depend on the progress of the investigations and the Public ministry.
Versions found on each side
The aspiring collaborators Effective officials indicate that ICCGSA executives would only have paid S / 450 thousand of the alleged S / 2 million demanded by the governor, and that this would be the reason for the termination of the contract, at the end of 2017.
Yamila Osorio He pointed out that these accusations are a revenge of ICCGSA, for the termination of the contract due to a series of breaches in the progress of the work and the lack of payment to small suppliers in the city.
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