Challenge raised by Jorge Yunda against a judge in the embezzlement case will be given on December 1 next

For next Wednesday, December 1, the hearing was defined in which the provincial judges of Pichincha, Wilson Lema and Patlova Guerra, will resolve the claim for recusal raised for 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.

The notification was made to the defense of the dismissed mayor at the end of the day of last Friday, more than a week after Yunda’s lawyers, on October 27, completed information in the lawsuit that was required by Lema and Guerra, almost two weeks after the proposed challenge was filed against an alleged partiality in the case of Judge Fabara.

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

Yunda’s lawsuit was presented last October 21 before the authorized judges Wilson Lema and Patlova Guerra. It was done on the 16th day of the trial hearing against the former mayor and thirteen other people accused of embezzlement occurred in the acquisition of 100,000 tests to detect Covid-19 by the Ministry of Health of the Municipality of Quito.

The action presented by Jorge Yunda, through his lawyers, was accepted for processing once the provisions were fulfilled. in the standard and was rated as expensive and complete. In order it was ordered that the judge Fabara is notified with the demand, the content of the same and about the respective hearing that will be given in December so that he can respond in the diligence.

The former mayor’s lawyers challenged Fabara, arguing not only his partiality within the diligence, but also that what the judge was supposedly looking for is to sentence in the case for the crime of influence peddling instead of embezzlement, a crime for which a tax instruction was opened in mid-February.

Édgar Molina, part of Yunda’s defense, explains that this is a challenge specifically against Fabara, because, for them as lawyers, he was not only “anticipating criteria, interrogating, cross-interrogating, leading the experts and witnesses ”to say what the judge wants to hear, but also by the intention that those prosecuted for embezzlement be sentenced for the crime of influence peddling.

Jorge Yunda says at the trial hearing for embezzlement that he does not ‘regret’ the decisions made during the pandemic

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 if the second case occurs, the magistrate will continue to hear. of the case and it will be resumed from the day it was suspended. The decision will be in the hands of the two skilled judges: Lema, president of the Trial Court, and of War.

For the crime of embezzlement, Jorge Yunda, accused as the mediate perpetrator of the crime of embezzlement, are tried; the former secretary of Health, Lenín Mantilla, and Juan Alejandro Vinelli, manager of Salumed SA, accused as direct authors; and eleven more people accused as co-authors, among them, Ximena Abarca, former Secretary of Health; o Linda Guamán, former technical coordinator of the Ministry of Health. (I)