2023-08-21 22:40:00
The Federal Oral Court No. 7 rejected a motion for annulment by the “repentant” and former head of the Argentine Chamber of Construction (CAC) Carlos Wagner, on Cause Notebooks of the bribes.
Wagner, through his lawyers, Zenón and Federico Ceballos, had raised the annulment of the case due to an alleged maneuver of “shopping forum“(irregular manipulation of the intervention of the judge Claudio Bonadio), the illegality of his own statement as “repentant” and the unconstitutionality of the figure of the “illicit association”.
The proposal, formulated on September 28, 2022, was dismissed by judges Enrique Méndez Signori, Fernando Canero and Germán Castelli, who also sentenced Wagner to pay “the costs” (legal expenses) generated by his attempt.
A calligraphic expert determined that pieces of the “Notebooks of bribes” were manipulated
The court held that Wagner “does not indicate precisely which are the decrees, acts or orders in the case that are null and void, much less the way in which the alleged nullity impacts on consecutive acts“.
The defense of the former head of the CAC had denounced that Bonadio and the prosecutor Carlos Stornelli were left with an investigation that they should have sent to a lottery for the Federal Chamber to designate through this mechanism the “natural judge” in charge of the investigation.
Regarding the statement like “accused collaborator“, Wagner’s defense denounced that “the provisions of the challenged regulations establish a mode of collaboration that led to forced self-incrimination of the accused repentant, then freedom was subject to their collaborationleaving in full evidence its coercive format”.
Ferreyra and Baratta affirmed that the entire Cuadernos case “was a very large intelligence operation”
However, the court rejected this hypothesis and replied that “the defendant is not forced to testify against himself.”
Finally, the court also ruled out the claim of unconstitutionality of the figure of the “illicit association”, invoking jurisprudence of the Supreme Court itself for this.
JD / ds
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