The 23-year-old’s lawyer, who last week denounced Trial Judge Daniel Tobares for sexual abuse, assured that there is no “extortion” in the case and he said his client’s testimony has been “credible” For this reason, the Justice has already carried out the corresponding proceedings. It should be remembered that by a decision of the Superior Court of Justice, the magistrate “ceased” in his functions this morning.
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Marcelo Hertzriken Velasco said that it was the mother of the young woman herself who appeared in his study relating the case; and clarified that the victim came both Thursday and Friday of last week without any legal advice to the courts, in Roca.
“They had a bond of friendship but she is not an employee, nor a civil servant of the Judicial Power where the judge works; nor was she a student “, clarified the lawyer. It should be remembered that Tobares was a teacher in the Law School of the School of Law and Social Sciences (UNCo), Roca, a position which he resigned more than a year ago.
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The defender of the young woman, assured that the complaint presented has an important support and that Justice He acted quickly with the search carried out last Saturday to the house of the magistrate involved in the process.
Hertzriken Velasco met this morning (02/17) with the prosecutor Santiago Máquez Gauna and with the complainant; and after the meeting considered that the process is guaranteed not only for the victim but also for all the parties that are part of the process.
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But the complainant pointed to his colleague Oscar Pineda (defender of Tobares) to consider “unhappy” the statement that described the complaint as “extortion”. “We categorically reject this accusation“said the lawyer who assured that in the file there are no elements to support this theory and he argued that “he would never assume the defense of a person in those circumstances”.
“For there to be extortion, there must be a request for money, there must be an accusation against honor“He revealed. And in this line he maintained that the complaint of his client “It has been credible“.
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In relation to this topic, the complainant said that his client’s only objective at this time is “defend her honor and clear up any doubt that she is an extortionist.”
Fiscal in Roca
This morning, according to judicial sources revealed, the prosecutor Santiago Máquez Gauna was in Roca and led a series of proceedings, including a meeting with the complainant and her lawyer. But he also took statements, according to judicial sources.
BLACK RIVER tried to contact the prosecutor of the Fourth Circumscription although he avoided providing details of the process and asked to contact directly with the Communication area of the Public Prosecutor’s Office (MPF).
The case
Judge Daniel Tobares was reported on Thursday (02/11) by a young woman who appeared at the Family Police Station and reported a case of sexual abuse, in an event that occurred in the magistrate’s home.
The next day, before the prosecutor Belén Calarco, the victim expanded his complaint and on Saturday the 13th, under the gaze of the prosecutor Santiago Márquez Gauna (from Cipolletti) and the written authorization of the Judge of Guarantees, Juan Brussino (from Viedma) a search was made of the house of the judicial official.
He also participated personnel from the Investigation Brigade and the Criminalistics Cabinet, although it was not officially known whether elements linked to the cause were kidnapped.
Today Wednesday (02/17), Members of the Superior Court of Justice ordered the “cessation of functions” of Trial Judge Daniel Tobares ending the call made last year to the magistrate who had already retired from his professional activity.
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