2023-09-12 17:19:36
The federal justice and all the parties involved in the trial will disembark once more at the scene of the crime, on the mountain located at kilometer 2006 of National Route 40 above Villa Mascardi, territory in dispute and unknown to all parties, scene of the murder of the young Mapuche.
This expedition through terrain that was repeatedly characterized as hostile and inhospitable It will be carried out in the middle or towards the end of the trial, which began almost a month ago on August 15.
“The measure is clearly useful,” said the president of the federal court Simón Bracco on the day of debate. None of the parties, defenders, judges, prosecutors or plaintiffs; knows the scene of the events.
The order of the ocular inspection, six years following the event, sows expectations on the parties in order to advance their theories of the case. Last week, prosecutor Rafael Vehils Ruíz had requested this measure to clear up doubts, but it had already been requested before by the complainants.
After this announcement, the hearing continued its course in which only two witnesses testifiedto complete the first 25 testimonies of the 100 summoned to this oral and public trial. These are two ballistic experts, Martin Spotorno and Augustine Oberti; those who participated in the third investigation on the incriminated projectile and the weapons of the Prefecture, held in Salta in 2021.
Through clear images of the projectile’s rifling, they showed today the strong coincidences through ballistic microscopy in the expertise that concluded that the murder weapon had been the 9 mm regulation pistol of the albatross Guillermo Cavia.
The Pistol “P” (by Guillermo Cavia) «had an overwhelming level of coincidence. “We all agree,” said the defense expert, Spotorno. The complaint’s expert, Oberti, spoke in the same sense. “In pistol P we found the patterns that give identity to the weapon in the incriminated projectile (…) Four experts signed in agreement,” he stressed.
This expertise contradicted the first investigation in Río Negro that had reached the conclusion that the projectile that killed Nahuel had been shot by Francisco Pintos’ MP5 submachine gun.
The last expert procedure signed by Spotorno and Oberti along with other experts; had been carried out in the Fiscal Investigation Corps (CIF) of Salta and it was the third test carried out on the same bullet and weaponry.
Los witnesses were in charge of reaffirming that ballistics is not mathematical and depends on the expertise of the expert, but it was once more left stated that in the case the conclusions are contradictory regarding the weapon and the shooter. Therefore, who was the prefect accused of being the author of the crime.
The Salta’s ballistic expertise began in 2020 and was concluded in 2021, following a pause due to the Covid-19 health emergency. It was carried out two years following the first one carried out in Río Negro in 2018 and following the second, at the National Gendarmerie headquarters, which raised doubts because it showed that the incriminated projectile was not from Pintos or Obregón, who were carrying MP5 submachine guns.
The absence of two of the experts summoned for this Tuesday due to leave from their dutiesmade the day conclude ahead of schedule and become expeditious.
Rafael Nahuel Case: counterpoints for ocular inspection
For almost everyone except the defender Marcelo Rochetti – who sponsors three of the accused -, It is a necessary instance due to ignorance of the site and its characteristics.
The plaintiff lawyers have long Rubén Marigo and Sebastián Feudal had requested the measure but their treatment had been deferred. Now, the court decided to give way unanimously.
What generated controversy wasand the date on which it would be carried out, since the magistrates plan to carry it out “during the month of November” to have appropriate weather conditions similar to the time in which the events occurred.
Furthermore, it is expected that testify some witnesses from the community and surroundings of Nahuel who might be part of the operation.
Marcelo Rochetti opposed and reserved his right to appeal in cassation, and Mariano Przybyksky, one of the plaintiff lawyers for the National Secretariat of Human Rights, requested that The date is revised because it is considered distant in relation to the pace of the hearings and does not stop the development of the trial..
“We are going to see how the debate progresses, it is not going to be stopped,” assured Bracco, who said that they will evaluate bringing it forward if the weather permits it.
Rafael Nahuel case: five defendants
The accused are five non-commissioned officers from the Argentine Naval Prefecture for homicide on November 25, 2017, who are present via Zoom from their places of origin. Sergio Guillermo Cavia (as author), Juan Obregón, Sergio García, Carlos Sosa and Francisco Javier Pintos (as co-authors), who belong to the elite group, Albatros.
The oral and public debate regarding the crime for which he lost his life andThe 22-year-old man is still in Roca, 500 kilometers from the place where he happened. It is the fifth consecutive week of hearings with some mobilizations demanding justice for the young Mapuche outside the doors.
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