The Special Chamber of First Instance of the Supreme Court of Justice received a letter from the former congresswoman Aida Merlano in which she confirms that she will not attend the oral trial in her case for her alleged responsibility in the violation of electoral campaign caps. Merlano has been in Venezuelan territory since 2020.
“In an attentive and respectful manner I go to your honorable office, in order to expressly express my desire not to appear in person or virtually, to the oral trial hearings scheduled in this process and that it be brought forward with the presence of my lawyer,” the former representative told the House.
Among the evidence that the Court has, there are some supports of money that entered his campaign for 2018 and that were found in raids that were made at his campaign headquarters. In total they were more than 4 billion pesos.
Merlano has already been sentenced to more than 11 years in prison for the crimes of conspiracy to commit a crime, corruption of the voter and illegal possession of firearms in relation to a criminal network for buying votes, which led to her party, the Conservative, to lose the seat she had won with the Barranquilla.
Since her escape in October 2019, nothing was known about her until she was recaptured in January 2020 by Venezuelan police forces.
Since then, her daughter, Aida Victoria, and Javier Cely, the dentist who treated her during her escape, have been under investigation for allegedly participating in the incident. Now, the lawyers of both denounce that their rights are being violated.
According to the defense of both, they are being victims of the violation of their rights to defense and their presumption of innocence. These acts against those investigated were committed by the criminal judge of the circuit with the function of hearing from Bogotá.
Given this, the trial against Merlano and Cely was suspended, as an appeal for annulment was filed against the criminal process, by the lawyers.
Carlos Augusto Ramírez, defense attorney for dentist Javier Cely, explained that there are five grounds for annulment, in addition, she argued that they have been repetitive attitudes.
“Unfortunately, in the previous trial session, what in my opinion are substantial irregularities were presented. Equality of arms has been violated and impartiality because, in my opinion, you have not complied with the duty and obligation to act with absolute objectivity during the trial.”
According to the lawyer, the aforementioned judge prevented the interrogation and cross-examination of the witnesses presented by the Attorney General’s Office.
“There has been no respect for the fundamental rights of Dr. Javier Guillermo Cely Barajas, the contradiction has been violated against the approach of alternative theses to the point of making the commission or participation in the fact of escape less likely”, she emphasized.
She also reported that the judge interrupted the witnesses, and prevented them from answering questions on the grounds that they were repetitive and impertinent.
“From my point of view, when the legislator raises the possibility that the judge enters to prohibit leading, suggestive questions or that he is attentive to the repetition of repetitive questions to decide on the objections raised, it is not that the judge assumes the role that the parties should do. they are empowered. Only the prosecutor can oppose the questions asked by the adversary,” Carlos Augusto Ramírez stressed.
Aida Victoria Merlano and Javier Guillermo Cely are prosecuted for the crimes of escaping prisoners and using minors for criminal activities. If found guilty, they can be sentenced to 21 years in prison.
