The defense of the journalist and former Channel 10 employee, Emiliano Gatti, requested the Superior Court of Justice (STJ) to review the decision that was adopted in the courts and that prevents him from accessing a “probation or suspension of a trial trial” in the cause in which it is investigated for possession and facilitation of images of child sexual abuse.
If the appeal is rejected, the journalist would go to trial which, based on the information provided by the Judiciary, will take place in the month of May.
«Basically our studio does not want to avoid the Judgment. How to avoid being heard for the first time before three judges? In this case, minimum guarantees agreed upon by the civilized world more than 60 years ago were violated,” said Gatti’s defense lawyer, Marcelo Hertzriken Velasco, in a contact with this newspaper.
And he explained that in relation to the suspension of trial to trial, they only ask that it be applied in this case as indicated by the National Court, from Ushuahia to Quiaca. We cannot take charge of magistrates who ignore and contradict the Law and what is ordered by the Court. Nor from an Attorney General of the City of Buenos Aires who spies without a court order or prior suspicion on all Internet communications, absolutely all,” he highlighted.
And he expressed that evidence cannot be “acquired” by violating elementary guarantees and contrary to the rule of law. Very serious rights were violated, and no one blushed about it,” said the lawyer.
In this way, heGatti’s defense appealed to the last instance he has left and that is the Superior Court of Justice who must define whether the journalist has the possibility of accessing that instance at this stage of the process.
Rejection
According to the Court of Appeal, Last November, the judge of the Accusation Control, in Roca, did not grant the defender’s request to suspend the trial on trial. Against that decision the defense raised a first appeal and in February of this year a Review judge confirmed the denialas reported by the Communication area of the Judicial Branch.
Then the defense raised a challenge, which was also rejected, and finally filed an appeal before the Court of Appeal. He argued that the rejection was “arbitrary” and demanded that the probation option be reconsidered.
What is probation?
The Probation – whose correct name is “trial suspension” – is an alternative that the law allows for some criminal offenses.. In order to be applied, The prosecution must give its consent, something that did not happen in the case involving the journalist from Roca. When a judge admits it, the accused person can submit to rules of conduct and assume commitments, financial reparations or disqualifications for a certain period in exchange for leaving the process against him “on hold.”
If during that time you meet all guidelines, the case is closed. But if any non-compliance is verified, the process is reactivated to go to trial.
Gatti is accused of the following crimes: possession and facilitation, in real competition with possession for the purpose of distribution of images of child sexual abuse (in 50 incidents)in all cases aggravated by the age of the victims (under 13 years of age).
If the STJ rejects the plant of the lawyer, Emiliano Gatti headed to oral and public trial that the Roca Judicial Office set for the month of May.