The federal prosecutor Ramiro Gonzalez He requested through an exhortation to the Spanish Justice to carry out a “forensic copy” of former first lady Fabiola Yañez’s cell phoneso that it can then be sent to Argentina under protection, within the framework of the complaint against Alberto Fernández for gender violence.
The prosecutor’s office is requesting that Yañez’s messages with former President Fernández be analyzed in particular.
The summons was signed this Friday, and left from the prosecutor’s office in the direction of the Office of the Attorney General of the Nation, where the signature of the prosecutor will be certified, and then it will be sent to Chancellery for completion.
The process was unblocked after the The Federal Court of Buenos Aires rejected a complaint from the defense of the former president, in which he opposed the request to do it from Spain, since they wanted to do it on national territory to guarantee the right to defense and “due process.”
The defense’s request was to “guarantee the integrity of the evidence”, achieving “greater control of the chain of custody” and thus minimizing the “risks of manipulation or contamination of data.”
However, the judges Martín Irurzun and Eduardo Farah assured that “none of the defense’s arguments reveal irreparable damage” nor arbitrariness, thus supporting the remote processing of the procedure.
In the resolution, they stated: “The information will be downloaded from a phone that is not seized by the courts, but is in the possession of the victim, from the time of the alleged relevant events until today.”
They also expanded: “The obligation to ensure the unalterability of data It is operational from the moment that they are known and made available.“.
In turn, the judge Julian Ercolini He stated that Fernandez’s defense can control “to the extent that there is the possibility of interaction through digital means” which can allow “observing traceability from the moment the cell phone is obtained and the safekeeping and integrity of the digital evidence obtained.”
How is Alberto Fernández’s gender violence case against Fabiola Yañez going?
In parallel, testimony will resume next week in the case against the former president.
This time it will be the turn of former employees of the Olivos Estate, which are part of the defense strategy, and which they have already previously declared in a notary’s office, something that has no legal value.
On Thursday, September 26, they will declare Cynthia Tonietti and Amalia Morenowhile a week later, on October 3, they will do the same Karina Gonzalez and Noelia Gomez.
This week the prosecution heard testimony from Yañez’s mother, Miriam Verdugowho testified for about six hours, during which she stated that Fernández assaulted her daughter when she was eight months pregnant, that he would say things like “I am the President here and I can do whatever I want” and that he turned his then-partner into a “human wreck.”
Source: Ambito
