Former prosecutor Guerra denies President Piñera’s alibi for the Dominga case: “What is being investigated today is different”

Despite the fact that La Moneda has insisted in every tone that the criminal investigation against President Sebastián Piñera for the Dominga case does not proceed, because there is no new element regarding the investigation that the then prosecutor Manuel Guerra had in his hands in 2017, The truth is that the position of the Palace accumulates more and more elements against it.

“What is being investigated today is different,” he clarified in an interview with The Mercury the former eastern metropolitan prosecutor, who investigated the Exalmar case, thus disrupting the main argument that President Piñera and his followers have used to claim their innocence.

Guerra recalled that in that investigation “we ruled out the incompatible negotiation, the use of privileged information, on that there is a definitive dismissal”, because “we had no element of the intervention of Piñera or any member of his family to benefit Dominga with respect to Barrancones and neither in what was the sale of the mining company “.

However, in his opinion, today there are new elements, and for this reason he justifies the decision of the Prosecutor’s Office to open an investigation, stating that “it is in accordance with the law.” And among the new information, he points out that “what we did not have was the contract, which came out now, from the BVI (British Virgin Islands)”, but an earlier one, “which is in Spanish, an annex that comes in that email from ( Nicolás) Noguera (general manager of Bancard), which is very similar, from what I have now seen published in different media, to what was ultimately celebrated (…) but, firstly, it is signed by different companies and, secondly, the place where this is done is in the British Virgin Islands and not in Chile. “Although, he clarifies,” I understand that there is not much difference between the two. “

“I have never protected Piñera”

Former prosecutor Guerra has been singled out for his responsibility in said investigation, and in others involving the Piñera administration, such as the Penta case, where he reached an abbreviated trial agreement with the defense of the former Under Secretary of Mining, Pablo Wagner, who went through the condition of expressly excluding the crime of bribery.

In the Exalmar-Dominga case, for example, “Manuel Guerra’s action was functional in placing a tombstone so that this could not be investigated again, even if a new antecedent appeared,” lawyer Mauricio Daza, current conventionalist, told El Mostrador. constituent.

Against this, Guerra points out that “here each party seeks to accommodate things at their convenience” and recalls that the Anti-Corruption Unit of the Prosecutor’s Office pointed out that the Exalmar Dominga case was “diligent.”

“I have never protected Piñera neither in this nor in any cause. I am independent, I am not among the supporters of your Government (…) my decisions were technical based on the evidence and the crimes that are strictly defined in the regulations, ”he added.

Fireproof

It should be remembered that the Public Ministry opened an investigation in the context of the transactions related to the Dominga mining-port project, the millionaire sale between the Piñera family and the President’s close friend, Carlos Alberto Délano, revealed in the journalistic investigation called “Pandora Papers ”.

The investigation points to tax crimes, bribery, bribery and the National Prosecutor Jorge Abbott left the task in the hands of the prosecutor of the Valparaíso Region, Claudia Perivancih, a prosecutor of his trust, who has already questioned the President in cases such as that of human rights crimes related to the social outbreak.

The opening of the investigation has unleashed a deep controversy between La Moneda and the Prosecutor’s Office, and has the President on the ropes, especially because he also faces a constitutional accusation in the Chamber of Deputies, “for having openly infringed the Constitution and the laws” in matters of probity and the right to live in an environment free of contamination, and for having “seriously compromised the honor of the Nation.”

“A litmus test for the Public Ministry”

The Prosecutor’s Office has indicated that they will seek to resolve the issue “as soon as possible,” as stated by the head of the Anticorruption Unit, Marta Herrera. And despite the official statements of the entity, among officials there is skepticism.

“This investigation is a litmus test for the Public Ministry and we hope it will be shown that the organization can investigate with maximum zeal the first authority in the country.” With these words, Paulina Ruiz, president of the National Federation of Public Ministry Officials (Fenamip), expressed the concern of the Public Prosecutor’s Office workers about the progress of the criminal investigation against the President.

In Fenamip they explain that this concern stems from a series of controversial decisions adopted by the Public Ministry in cases related to illegal financing of politics. They put on the table, for example, the results of the first investigation carried out by former prosecutor Manuel Guerra, and what happened with the National Prosecutor, Jorge Abbott, who two months ago acknowledged that he received DC Senator Jorge Pizarro at his home while the parliamentarian was investigated in the case of irregular financing of the policy by the company SQM.

As Paulina Ruiz explains, these situations have called into question the transparency and objectivity of the Public Ministry in the field of criminal prosecution. “The eyes of the whole country are on the performance of the prosecuting body in this case,” he says. “For this reason, we consider that, in addition to being neat, this should be a quick and transparent investigation,” he said.

The leader added that as representatives of the institution’s workers, “we are concerned that an in-depth investigation is carried out and that the persecutory spirit be maintained throughout the investigation process, even when it is an unprecedented situation in our country and that affects to the President of the Republic ”. Otherwise, adds Ruiz, “the detriment of our legitimacy before the public will be imminent and inevitable.”

According to the president of the National Federation of Public Ministry Officials (Fenamip), in the face of the new presidential election, “it is clear that the investigation must have a comprehensive development in the shortest possible time, ideally before the next presidential elections.”

 
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