Legal setback for prosecutor Senestrari in the audio case in which he asked for help because he did not remember what he had signed

There Room B of the Federal Chamber of Cordoba rejected the federal prosecutor’s attempt Enrique Senestri to reopen a case that had already been dismissed for non-existence of a crime. The case was initiated by a complaint from the official member of Legitimate Justice following the leaking of an audio and its subsequent publication in a journalistic note in which he asked for help from his collaborators because he did not remember what he had signed.

In principle, the intervening prosecutor requested the dismissal of the complaint and the court of first instance ordered the file, a temperament that was confirmed by the Federal Chamber of Cordoba. Against this pronouncement, Senestrari went to cassation, which annulled the sentence and ordered that the complaint be investigated. After this decision, the intervening prosecutor ordered the production of new evidence, including the testimony of several prosecutors in charge of Senestrari.

Once the evidence was produced, the representatives of the public prosecutor’s office issued an opinion in which they did not ask for criminal proceedings. There they indicated that “according to the complaint presented by the prosecutor Senestrari there is no notice of fact liable to criminal prosecution in the terms in which the complaint was presented.

In this second opinion, prosecutors argued: “In this specific case, we insist, the information disclosed concerned a request for an investigation of which the prosecutor himself spoke publicly on Cadena 3”. In other words, in the audio of a WhatsApp group in which Senestrari asked his collaborators for help because he could not remember what he had signed, there was talk of a case. which the Legitimate Justice member himself had previously made public statements about during an interview he gave to a radio station show. Following the temperament of the prosecutors, Federal Court No. 3 of Cordoba dismissed the complaint.

Against this decision, the lawyers of the prosecutor Enrique Senestrari – who presented himself as the plaintiff – filed an appeal which, once summoned by the Chamber, did not confirm it despite having been duly notified that the Court of Appeal, unanimously, the appeal was tacitly withdrawn.

Warned of the “forgetting” of his own lawyers and contrary to the ritual norms of the criminal trial, Senestrari submitted a statement of objections in substitution for the violation of the procedural burden of his lawyers. Chamber B of the Federal Chamber of Cordoba, composed of judges Abel Sanchez Torres there liliana navarrodeclares the presentation inadmissible and confirms the resolution which tacitly withdraws the appeal.

In his vote, the judge Sanchez Torres He pointed out that the procedural provisions relating to challenges establish that they must be promoted, articulated and maintained “according to the prescribed forms, which certainly include the action within the legal deadlines or deadlines, under penalty of having them withdrawn”.

Although he declared Senestrari’s presentation inadmissible, Judge Sánchez Torres made reference in the judgment to the complaint of the member of the legitimate judiciary. “The information disclosed in the audios had already been made public by Prosecutor Senestrari himself, thus distorting the secrecy and excluding that it could harm the investigation “said the maid. And he added: “It should be noted that the prosecutors themselves investigating the complaint filed by Senestrari argue without hesitation that in the allegedly leaked audios “no procedure was exposed that could defeat the investigation”.

Enrique Senestrari is the legitimate prosecutor of Justice who, in 2016, called for the downfall of the then President of the Nation, Mauricio Macri, then – among other excesses – he called his boss, Eduardo Casal, “son deputy”.

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