The court considered that the evidence gathered after the case was brought to trial demonstrated the absence of harm and, consequently, of a crime
The vice president, Cristina Fernández de Kirchner; his sons Máximo and Florencia; the businessmen Lázaro Báez, Fabián De Sousa and Cristóbal López and all the other defendants in the case for alleged money laundering, gifts and illicit association in the operation of the Los Sauces and Hotesur hotel companies were dismissed by Federal Oral Court number five, in a split ruling.
The court, by two votes to one, considered that the evidence gathered after the case was brought to trial, especially an accounting expert opinion, demonstrated the absence of damage and, consequently, also of a crime.
“Even though the importance that weighs on investigations into crimes against the public administration cannot be ignored, it is not possible to ignore that their prosecution must always be carried out with the law in hand and in full observance,” says the 375-page resolution .
Cristina and her children were some of those dismissed in the case
These are all dismissed from the Hotesur cause
The ruling ordered the dismissal of:
- Cristina Fernández de Kirchner
- Osvaldo José Sanfelice
- Alberto Oscar Leiva
- Christopher Manuel Lopez
- Fabian De Sousa
- Maximum Carlos Kirchner
- Florence Kirchner
- Lazaro Antonio Baez
- Martin Antonio Baez
- Adrián Esteban Berni
- Victor Alejandro Manzanares
- César Gerardo Andrés
- Ricardo Leandro Bathrobe
- Edith Magdalena Gelves
- Romina de los Angeles Market
- Patricio Pereyra Arandia
- Emilio Carlos Martin
- Jorge Ernesto Bringas
- Julio Enrique Mendoza
- Martin Samuel Jacobs
- Alejandro Fermin Ruiz
- Carlos Alberto Sancho
- Norma Beatriz Abuin
- Leandro Antonio Baez
- Luciana Sabrina Baez
- Claudio Fernando Bustos
What did the judges decide
The judges who voted in favor of the dismissal
The Los Sauces y Hotesur Cause was the most complicated that appeared on the vice president’s judicial horizon and, in fact, directly involved her children, who were on their way to the oral trial along with her.
The dismissal was dictated by judges Adrián Grunberg and Daniel Obligado, with the dissent of Adriana Palliotti, who considered that the proposal of the Kirchner family lawyers, Ary Lernovoy and Carlos Alberto Beraldi, should be rejected.
This would have implied the realization of the oral trial that, for now, will not be carried out.
The oral court decision It is appealable before the Federal Criminal Cassation Chamber, the same judicial body that goes through –for example- the case for the Memorandum of Understanding with Iran.
The majority vote holds that · “the length of argument of this decision, the careful treatment of the case contained therein, the jurisprudential and doctrinal survey formulated and the detailed answers given to each of the arguments presented by the Prosecutor’s Office testify to the degree of scrutiny defenders have been subjected to “.
The judges highlighted that the process to which the defendants were subjected until now “does not affect the good name and honor that they have enjoyed.”
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