The defense of former mayor Jorge Yunda presented a challenge to judge Fabián Fabara, part of the Trial Court of the embezzlement case.
Two weeks have passed since the request for disqualification has been in the hands of the provincial judges Wilson Lema and Patlova Guerra. raised by the defense of the former mayor of Quito Jorge Yunda against the third member of the Trial Court that analyzes the crime of embezzlement, Fabián Fabara, and there is still no formal pronouncement on the challenge.
Last Wednesday, October 27, the lawyers of the dismissed capital mayor completed the information required in the lawsuit for Motto and War, thus remaining awaiting notification the day and time when the hearing will be held to resolve the proposed challenge to an alleged partiality in the case of provincial judge Fabara.
Challenge presented by Jorge Yunda in embezzlement case causes the trial process to suffer delays
On the sixteenth day of the trial hearing, last October 21, which took place against Jorge Yunda and thirteen other people accused of embezzlement that occurred in the acquisition of 100,000 evidence to detect COVID-19 by the Secretary of Health of the Municipality of Quito, the former mayor challenged Fabara arguing not only his partiality within the diligence, but also that what the judge was looking for is to sentence in the case for the crime of influence peddling instead of embezzlement.
According to the norm, when a challenge is filed against one of the judges that make up a court, It will be known by the judges of the court who are able or that they have not been challenged. In this case, the skilled judges are Wilson Lema, speaker or president of the Trial Chamber, and Patlova Guerra.
Édgar Molina, part of Yunda’s defense, explains that this is a recusal trial against one of the judges, specifically Fabara, because he was not alone “anticipating criteria, questioning, cross-examining, leading the experts and witnesses “to say what the judge wanted to hear, but also for the intention that those accused of embezzlement be sentenced for the crime of influence peddling.
For the crime of embezzlement, Jorge Yunda, accused as the mediate perpetrator of the crime of embezzlement, are tried; the former Secretary of Health Lenin Mantilla; and Juan Alejandro Vinelli, manager of Salumed SA, indicated as direct authors; and eleven more people accused as co-authors, among them, Ximena Abarca, former Secretary of Health; and Linda Guamán, former technical coordinator of the Ministry of Health.
Jorge Yunda recuses one of the judges of the Trial Court of the case for embezzlement and asks that he be separated from the case
The ways in which the challenge is to accept or deny it. If the first case occurs, the challenged judge will be replaced by another within the court; while, to give the second case, the judge will continue to hear the case and it will be taken up again from the day it was suspended.
The dilemma between the lawyers is, if the request for disqualification is accepted, whether the judge should only be changed challenged and the trial hearing once again from the beginning or if the whole court should be changed once the hearing returns to page zero. In the second case, it is believed that the entire court should be replaced, since the judges who were not challenged already granted the case, being “contaminated”.
Molina hoped they would notify something regarding the challenge hearing between Thursday and Friday last week, but so far they have not received any confirmation. (I)
Paul is a talented author and journalist with a passion for entertainment and general news. He currently works as a writer at the 247 News Agency, where he has established herself as a respected voice in the industry.
