The Entre Ríos anti-corruption prosecutor had been dismissed from her role in 2022, after carrying out the trial against the former governor.
The Supreme Court of Justice gave rise this Friday to the extraordinary appeal presented by Cecilia Goyeneche, the Entre Ríos prosecutor who accused former governor Sergio Urribarri of corruption. In this way, he annulled the dismissal that had been ratified by the provincial Superior Court of Justice.
In May 2022, the Jury of Prosecution of the Province of Entre Ríos suspended Goyeneche from his faculties, for alleged conduct incompatible with the exercise of his position and poor performance of his duties. Although the prosecutor questioned her dismissal through an appeal to the Provincial Court, this was rejected and she appealed to the Supreme Court of Justice of the Nation: “Like any obscene process, I never find out. I know that (the dismissal ruling) came out because people close to (the jury) have informed me. But they have not notified me. I hope they do it today,” he had said at that time.
In this way, the Supreme Court considered the existence of serious irregularities in the formation of the prosecuting body, as well as the formation of the Prosecution Jury that ended the prosecutor’s position. Along these lines, they indicated that this affected the rules of due process and the guarantee of defense in trial and, therefore, they were sufficient to lead to the annulment of the impeachment trial against him.
Furthermore, the Court clarified that it did not take a position on the facts that motivated the process against Goyeneche, limiting itself to pointing out procedural defects that affected the legality of his dismissal. Ricardo Lorenzettiin his expansion of arguments, stressed that although the court has a very restrictive criterion in the review of political trials, he always had “a broader position, given that the discretion of the political sphere always develops within the principles of the Rule of Law”.
”For this reason, he recalled that according to his criteria, an injury or serious impairment of due process is sufficient, different from the very limited traditional criteria. By not reiterating the requirement of a ‘clear, unequivocal and conclusive’ demonstration, the Court is turning to a broad criterion in matters of review of political trials, suffice to demonstrate a serious impairment of the rules of due process and guarantee of defense in trial,” judicial sources detailed what Lorenzetti argued.
”It is an act of justice”
Once the restitution of his position was consummated, he declared: “I am totally surprised by the news. “I think it is an act of justice, a very necessary act,” in statements to Chain 3.
In addition, he referred to the key judicial moment in which Urribarri was involved: “We were carrying out the accusation in the trial for which the former governor of Entre Ríos ended up being convicted. They decided to first suspend me from office, remove me from the trial in that way, with the clear intention that this case would fall.”.
“If the Court has ruled otherwise, that is, to restore me to office, it seems to me that it would really be a breath of fresh air for many,” he concluded.
Source: Ambito
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