Drop an abuse case against a former basketball coach?
The question began He toured the Roca courts hours after the 23-year-old’s complaint was confirmed , Who appeared in court and accused the judge, Daniel Tobares, 62, of sexual assault.
Is this Tobaris? Presiding over the court – with members Gaston Martin and Alejandro Belison – So in December of last year Convicted basketball player Guido GadaniottoFor sexually assaulting a girl under the age of 13, cWhen he was coaching one of the women’s teams in Deportivo Roca, in 2015.
Much of the operation has already been completed, but the Tsarist’s trial is still pending. The court (made up of the same judges) had to impose a penalty against the athlete.
Now yesterday The Supreme Court of Justice (STJ), after filing a complaint against the judge, made Tobares “stop” his work Believing that he was a judicial official Retired and finally called up, To cover the position due to the absence of judges in the second circuit.
Gadanyuto defense attorney, Juan Luis Vincente is already preparing the warrant that he will file in the courts in the next few hours From the rock Where the entire trial will be nullified.
“The court that intervenes in the trial must be the same from the beginning of the process until its end (including the Caesarean trial). To stay Disqualified, no longer sitting or summoned judge, so the solution is to cancel part of the trial and bring it back again “Because the principle of the integrity of the court must be respected,” said the athlete’s defender.
He explained that the same court that begins is the one that must end. A fourth judge is called up only when the operations are large scaleThen an “alternative” would arise in the event of illness or leave of the judge, he explained.
“By disqualification, the trial is severed. You have to start from scratch with another court because the other two judges have already issued an opinion They are also unable to participate in the process“, pointed out.
“He’s really responsible.”
Pablo Iribarine is one of the plaintiffs’ attorneys and represents the minor who was a victim of abuse seven years ago. For the criminal, guilt is already determined by what categorically ignore Vincenti’s theory.
“Responsibility has already been claimed, the only thing left to do is correct the penalty.”Commented. In this sense, he made it clear that Syrians for Truth and Justice stopped their activities in Tobaris, although for them their mission should be concluded with the experience of Caesarean section.
But he made it clear that if the highest judicial body in the province decides, an alternative judge “This is constitutional and there will be no objection from us.”.
“It must be replaced without affecting the authority of the natural judge, and it does not affect the process that is the Caesarean section.” We will oppose the cancellation as the defense proposes“, Is being held.
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