A new judicial setback was suffered by lawyer José María Cajal in the accusation he faces for alleged serious injuries and sexual abuse involving carnal access to a former partner. After what had been established by Family and Gender Violence prosecutor Pablo Camacho along with the approval of Control Judge María Celeste Orta Córdoba, the Chamber of Accusation of Córdoba has now unanimously confirmed that the lawyer must face a public oral trial.
The defense lawyers for Cajal, Débora Ferrari and Macarena Centeno Guerrero, filed an appeal against Resolution 102 of Orta Córdoba, dated April 25 of this year.
The oral presentation in voce of both lawyers took place at the end of May before the three members of the court of appeal.
Two months later, Resolution 299 of the Chamber of Accusation was announced, in which the appeal was rejected, stating that it is necessary to air the facts of the case in an oral trial.
What is striking is that just a few days later, the defense withdrew the request to challenge this ruling and agreed to proceed with the trial. For this reason, last Friday the draw for the oral tribunal that must intervene took place, and the 8th Chamber of Crime of Córdoba was designated.
As a result, the members convened and concluded that, due to its low complexity, the case could be handled by a single-member tribunal. Finally, Eugenio Pérez Moreno was designated.
Regarding the prosecutors in the courtroom, it would be the prosecutor of that chamber, Hugo Almirón, or, possibly, the substitute Fernando López Villagra.
The parties have been notified, and now the evidence-gathering phase will begin until, perhaps near the end of the year, the date for the start of the trial is announced. According to estimates based on the duration of these processes, this closed-door debate is expected to take place early in 2025.
Completing the parties, the victim will be represented by criminal lawyer Fernando Moyano, who has been appointed as a private complainant since the very moment of the complaint.
In the debate, the accusation by prosecutor Camacho must be analyzed, in which he accuses Cajal Villegas of subjecting his partner to gender abuse for years, causing her psychological injuries “for life,” and sexually abusing her.
The case title includes two severe legal qualifications: “serious injuries doubly qualified (due to the relationship and because they were inflicted in a context of gender violence)” and “sexual abuse with carnal access.”
Rejection and trial
The vote of Judge Patricia Farías stands out for its gender perspective and concludes that the facts involving Cajal Villegas in the accusation deserve to be debated in full court.
With the consent of her colleagues Carlos Salazar and Maximilian Davies, Farías states at the beginning of her analysis: “The appellants (defense) do not offer any argument that demonstrates the error in the assessment made by the control judge (Orta Córdoba), but instead limit themselves to making a series of statements that reflect their own point of view on the matter, which in no way undermine the arguments of the lower court, which is correct, as it constitutes a reasonable derivation from both the records and the applicable law.”
Then, the judge indicates that “it is therefore appropriate to elevate the case to trial, against José María Cajal Villegas as the alleged criminally responsible author of the crimes of serious injuries -qualified by the relationship and by being mediated by gender violence- and sexual abuse with carnal access.”
The member of Accusation adds that “upon comprehensively analyzing the evidentiary material incorporated into the case under review, it is evident that the victim’s testimony is supported by the evidence presented, thus diminishing the weight of the defensive position that argues that her statements lack verisimilitude and present fractures.” In this context, several witnesses who corroborate the woman’s statements will be allowed to testify.
