The former judge who kissed a prisoner in Comodoro Rivadavia was acquitted

After the scandal generated by the criminal case against the former judge Mariel Suarezfor kissing a prisoner inside prison in 2022, Justice decided to dismiss the former magistrate. The decision was made because the prosecutor’s office could not prove the existence of the crimes of noncompliance with the duties of a public official and omission of official duties, for which she was accused.

The ruling was made by the criminal judge of the city of Trelew, Marcelo Nieto Di Biasewho considered that the hearing between Suárez and the detainee Cristian “Mai” Bustos It was done in a timely manner, so it did not alter the judicial service, beyond the kiss. This argument was supported by a defense statement.

The accusation against Judge Mariel Suárez

The prosecution, led by the attorney general Maria Bottinihad been based on a alleged irregularity in the conduct of the accused. In that sense, he had stated that the former magistrate had requested a day of sick leave, even though she had not had any illness. As a result of that request, he would have managed to delay the hearing with the prisoner until December 31, 2021, according to the ADN Sur news agency.

In addition to this, the representative of the Public Prosecutor’s Office indicated during the trial that the former judge had arrived in the city of Trelew on December 29. According to the records of the Provincial Penitentiary Institute (IPP), that day and the next he met with Bustos, who had been convicted of killing a police officer, and Suárez was a member of the court that ruled against him.

For its part, the official defense, in charge of Gustavo Oyarzúnmaintained that having requested a day of leave or visiting the prisoner for three days in a row does not constitute a crime. Likewise, he argued that the prosecution did not explain how the false sick report affected the provision of the Justice service or what laws were broken by the accused.

Meanwhile, the lawyer accused prosecutor Bottini of failing to comply with “the principle of legality” as a result of “a reproach of a moral character, of a reprehensible image” against his client, clarifying that said opinion cannot be considered as evidence of the crime in question.

The defense also indicated that, in this case, the charge of omission of official duties is incompatible with that of failure to comply with the duties of a public official, which is why They stated that the accusation was “inconsistent”. Furthermore, they stressed that the former judge did not issue any illegal resolution or order and that the postponement of the hearing was not extended more than 48 hours, and at no time was it at risk of being suspended.

The dismissal of Mariel Suárez

Despite the ruling in his favor, Suárez has already suffered the consequences of the episode. In this regard, in November 2023 she was removed from her position as judge of Comodoro Rivadavia by the Prosecution Court. Added to that is that last April she was removed from a contest to be a federal chambermaid in Chubut. “for lacking the qualifications required to exercise the Nation’s Judiciary”a decision that was made by the Judicial Council.

At the time of being dismissed, the former magistrate stated that the sanction was given “because she was a woman.” Along these lines, he accused the Court of “not having the same standard” to judge other conduct of his colleagues, using as an example in the jury the case of two prosecutors and a judge who were denounced for going to arrest a man in their own office. acting minister without the immunity granted.