Aníbal Lotocki had already been sentenced in 2022 by the Oral Criminal Court N°28 to four years in prison for the serious injuries suffered by Silvina Luna, among other patients of his, such as Pamela Sosa and Estefanía Xipolitakis.
In addition, Judge Schelgel ordered the partial dismissal of the new complaint against Lotocki for the death of the model, with an exception to the lack of action. For the magistrate, the matter is the subject of the case for serious injuries, with a ruling that awaits confirmation in Cassation. In that case, for example, he was disqualified from practicing as a doctor. In his decision, he invoked the legal principle of lis pendens, which refers to a pending trial.
Last August 31, Silvina Luna died at the Italian Hospital due to kidney failure, after months of suffering. She was 43 years old. Her body was sent to the Judicial Morgue for the corresponding autopsy, before being buried in the Chacarita Cemetery.
This is the case in which he was prosecuted for the death of Rodolfo Cristian Zárate, which occurred in 2021 in a clinic in Caballito, and for which he is in prison.
They requested that the doctor Aníbal Lotocki, detained in the prison of the Buenos Aires district of Ezeiza, go to trial in the case in which he is accused of the simple homicide of Rodolfo Cristian Zárate, a businessman from Campana who died after a surgery that the doctor performed on him in a clinic in Caballito in 2021, and for which he is in prison.
The news was confirmed by judicial sources this Tuesday at noon. For the same file, the Justice had requested his arrest in mid-October and Lotocki had surrendered himself at the DOUF (Federal Operative Unit) of the Federal Police of La Plata.
Then, the surgeon was transferred to the penitentiary complex of Ezeiza, where he has been detained since October 19, after judges Hernán López, Ignacio Rodríguez Varela and Julio Luciani requested his immediate arrest. A day earlier, Court IV had confirmed the indictment for the simple homicide of Zarate.
The doctor is not only accused of the death of that patient: he was also charged with falsification of medical records.
At the time, Lotocki’s defense counsel was very harsh with the ruling of the IV Chamber of the Criminal and Correctional Chamber that resulted in the arrest and even spoke of a “betrayal” by the judges and said that this opened the door for her to challenge the coercive measure against the doctor.
“We cannot ask for release, because it is the revocation of a release that Lotocki had in the case of the deceased Zárate, with a resolution of the Chamber that was an act of betrayal”, said Lombardo without mincing words, to then explain why he spoke of “betrayal”: “We went to a hearing where another issue was being debated, which was the denial of detention of a request that had been made by Mr. (Uruguayan choreographer Raphael) Dufour, which (Judge Luis) Schelgel denied. And, then, it was appealed and appealed to the Court of Appeals. And the Chamber did not rule on that request for detention, but on another case, which is that of Zárate”.
And he added that the Chamber “did not have jurisdiction because the jurisdiction had been opened in the Dufour case”. This is the case of the Uruguayan choreographer who underwent two interventions with Lotocki in 2008 and 2013, and joined the wave of complaints that fell on the surgeon. He claimed to have the same health problems as Silvina Luna.