2023-05-17 18:35:51
The defense of Martín Feilberg, one of the forestry workers who was convicted of the crime once morest the young Mapuche Elías Garay in Cuesta del Ternero, failed today in the attempt to achieve his release, for which he invoked the non-existence of flight risk and of a final sentence.
The court headed by Judge Gregor Joos heard the reasons of the parties and voted unanimously to reject the request, so that Feilberg will remain in prison until the ruling of the Court of Appeal is known.
Last February, the Court sentenced Diego Ravasio to 12 years in prison for intentional homicide, since he was the author of the shot that caused the death of Garay on November 21, 2021 in the occupation carried out in Cuesta del Ternero by lof Quemquemtreu. Ravasio was accompanied by Feilberg, who received a 5-year sentence, as responsible for the same crime but of a “culpable” nature, that is to say, without manifest intent to kill.
Both were arrested in Chubut several days following the event and have been detained ever since. Feilberg’s defense attorney, Ernesto Saavedra, said at today’s hearing that preventive detention is no longer justified because his client “it was always right“and if at another point in the process”the justification was the pending test” that no longer happens.
He said that the maximum period for a precautionary measure of this type is 12 months, except for exceptional reasons that have not been invoked. Saavedra maintained that preventive detention had been ordered until the end of the trial, in which a sentence was handed down three months ago.
He asked for Feilberg’s release because there is still no final sentence or that “this measure be additionally moderated.” He recalled that she defended him “He was not arrested, he did not flee, but he gave himself up voluntarily.”.
Judge Joos, when deciding, objected to this last argument and recalled that the two co-perpetrators of the murder of Elías “they fled from the scene of the crime, they did not notify any authority, when there were two people injured with a firearm, a circumstance that they might not ignore”.
The case is awaiting a ruling by the Court of Appeal, which already held a hearing to hear the parties on May 5. Prosecutor Francisco Arrién ruled for maintaining Feilberg’s preventive detention. It maintained that both perpetrators of Garay’s homicide have effective prison sentences and “although the presumption of innocence continues to exist, the new situation is that they have been affected, because they have been convicted,” which leads to “an expansion of the danger of drain”. The plaintiff lawyer Andrea Reile added “in all terms” to what was indicated by the prosecution.
The trial court voted unanimously to reject the release. Ej Judge Joos said that when a person was involved in a willful act, “If you act in accordance with the law, the least you do is make yourself available to the police or judicial authority”. But Feilberg did none of that and went to Chubut.
The magistrate said that the claim to end preventive detention was previously treated and rejected and did not prosper either. He recalled that the challenge hearing had already been held, so that the ruling that will decide the fate of Feilberg and Ravasio in second instance “is very close, it is imminent”, for which reason it was not appropriate to change the condition of the defendant’s detention. .
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