Attorney General challenges SCJ judge in hearing of petition by Felix Bautista
SD. The Attorney General of the Republic challenges the judge of Special Instruction of the Supreme Court of Justice, Frank Soto Sanchez, who is hearing a request to unblock a series of property assets of the company Inmobiliaria Rofi S. R. L., whose principal shareholder is Senator Felix Bautista.
The challenge originated when the magistrate suspended the hearing of the process and ordered it sent to the Chief Justice of the SCJ, Mariano German Mejia, so that he could empower the Plenary of the high court with the case.
The disqualification was suggested by the Adjunct Attorney General, Carlos Castillo Diaz, who said that in one of the resolutions where judge Soto Sanchez declared his ability to hear the request for the removals, he prejudged the merits of the case.
“The judge has prejudged the merits of the request established in his decision when the Justice Department adopted a precautionary measure which affects fundamental rights at the time of requesting that warning notes to third parties should be registered.”
Initially, the representative of the Justice Department requested the magistrate to inhibit himself from the case.
Soto Sanchez rejected the suggestion saying that a judge inhibits himself if his partiality is compromised, and in his case he has never shared anything with Bautista or his family, and that he has never met with nor is he any relation to the defendant.
Also, the director of the Specialized Prosecutor for the Pursued of Administrative Corruption, Laura Guerrero, said that the warning notes are very different from a protection notice.
Initially, the Attorney General suggested a conflict of jurisdiction because magistrate Soto Sanchez is empowered on the one hand of a request for removal, and a petition that the warning notes be changed into cautionary measures. The lack of jurisdiction of the magistrate was suggested with the purpose that the warning notes placed before the Property Jurisdiction should be converted into embargoes, so that the property assets could not be transferred to third parties. The Justice Department alleged that this request was given to the Chief Justice of the SCJ, Mariano German Mejia.
The judge rejected this petition because he considered that the Justice Department did not provide new evidence that demonstrated that there was a conflict of jurisdiction.
The defense lawyer, Juan Antonio Delgado, said that the Justice Department in the process has chosen a media campaign and is trying to condemn and punish Bautista through the media and intimidate the justice system, “using disgraceful maneuvers.”
The former Adjunct Attorney General, Hotoniel Bonilla, said that he felt that the accusation against Felix Bautista includes a great procedural fraud, “since it deals in nearly all of its extension with the same incidents, persons and companies investigated during 2012, which ended with the sentence of closing the File 03093, of 13 August 2012, because of the nonexistence of any criminal act.” He said that he carried out a professional job which he has defended in all scenarios.
Category: DR News |