2023-05-05 18:58:33
The forceful testimony of the forensic doctor, Araseli Panetta, who spoke of a “death in custody” due to the “absence of the State” and the statements of the four defendants They marked the last day of the part of the presentation of evidence in the trial for the death of Gabriel Mandagary.
«From legal medicine these types of deaths are linked to what we call death in custody, because they are acts or omissions of the State, its organs, its agencies or the agents that are in charge of the State, of caring for that person, or for breach of the State’s obligation to protect the right to life,” said the professional.
The young officer of the Río Negro Police died during a course of the Special Operations and Rescue Corps of the provincial force on April 15, 2021 in Bahía Creek and the trial will determine the responsibilities of the instructors Alejandro Gattoni, Alfredo Nahuelcheo, Marcelo Contreras and Maximiliano Vitali Méndez, accused of manslaughter, in addition to other crimes.
For next Monday, from 8.30, the hearing was set where the parties will make their final arguments, without time limitations, according to what was determined by the president of the court Carlos Reussi and that, in addition, Marcelo Alvarez and Ignacio Gandolfi are members.
After hehe parties gave up on some witnesses and agreed to different conventions, the testimony of Panetta, the forensic in charge of the autopsy of Mandagaray’s body, arrived. which was completed with the collaboration of other organizations such as the Forensic Medical Corps of the Supreme Court of Justice.
“I carried out a study of the legal medical case and requested complementary studies,” he said at the beginning and explained that he found “vital injuries, which were produced during life, and postmortem injuries, which were produced following death or very close to it”. Among the first, he pointed out injuries that “were produced with or once morest the trunk”, others “that might not be discriminated whether they were due to training or the trunk” and “injuries that did occur during training”.
Identified the lesions “by rubbing, rubbing or friction, by pressure and by blow or collision with or once morest a blunt element or hard surface”, in addition “signs that correspond to asphyxia by immersion and a hemorrhage of traumatic origin”.
“Gabriel Mandagaray was subjected to a physical and mental demand from days prior to the event” highlighted the professional and said that “several mechanisms are involved that are essential for subsistence, such as food, hydration and rest” and added that the victim suffered an “acute stress disorder” with “great fatigue at the time of saving himself” in addition to adding the stress that meant that he did not know how to swim and “knew of near death” when he was in the water.
After the expert witness, it was the defendants’ turn. Gattoni said that “There was an intention to do things correctly” and made clear his role as coordinator and not supervisor of the course in question. Although he announced that he would not answer questions from the other defenders, he accepted those asked by the prosecution and the complaint.
Damián Torres, representing the family, asked “why?” and replied that “I don’t know why, I never had that viciousness with people, to me they were all the same.”
Both Contreras and Vitali Méndez did not accept questions and told their versions of the event; although they agreed to respond to that requirement of the complaint. The first pointed out that “there was never a difference towards Gabriel Mandagaray”, “more was demanded of the officers” and “if I might have, if I was close… I did everything possible to make it not happen.” While the second offered his condolences to the family and stated that he was never able to make contact with them “in these two years.”
Finally, Nahuelcheo was the only one who accepted questions from the rest and following recounting how the events happened, he recalled that “I always made myself available to the family and the contestants”, he maintained that “the memory of Gabriel will be eternally among us” and he said that he might not do more, “I did not have the possibility” because he was located far from the fact that Mandagaray’s life was confirmed.
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