Judges accept the challenge raised by Jorge Yunda and separate Judge Fabián Fabara from the case for embezzlement

At 4:30 p.m. on December 22, the hearing that analyzed the challenge raised by the former mayor of Quito Jorge Yunda against provincial judge Fabián Fabara, within the case of embezzlement in the acquisition of 100,000 tests for COVID-19 by the Municipality Health Secretariat.

Two judges of the Court of Justice of Pichincha, Wilson Lema and Patlova Guerra, resolved to accept the demand, With which the case, in which Yunda is investigated as a mediate perpetrator, returns to zero.

After reviewing the arguments of the parties, presented for almost five hours at the beginning of the hearing on December 1, Lema and Guerra concluded that the provincial judge acted in a biased manner, for which he was separated from the case for embezzlement. Another magistrate will join the Court. In the next few days the resolution will be sent in writing.

According to Lema y Guerra, although the law empowers judges to request clarifications, the questions that Fabara addressed witnesses and experts at one point they became a “kind of interrogation”, And it is noted that he also entered information.

In addition, the magistrates maintain that this behavior it could affect the case against Yunda in the future and another thirteen processed.

Faced with the resolution, the Fabara’s lawyer, Xavier Flores, questioned that the decision it was based on audio excerpts from the hearing and not on the full due diligence. He also pointed out that obtaining those audios, by the former mayor’s lawyers, would not be valid.

The request for disqualification was filed by the dismissed mayor of Quito October 21. Until that moment, 16 days of the trial hearing had elapsed for the alleged irregular purchase of tests to detect the coronavirus, which began on September 30. (I)