Federal Criminal and Cassation Chamber today rejected the plaintiff's request Carlos Stornelli who sought the exemption of a judge from Dolores Alejo Ramos Padilla. Stornello was declared in absentia after that did not appear for login on several invitations to investigate when investigating a network of judicial political espionage.
Although the rejection of the cassation was for formal reasons, as it was considered that the questions of disqualification were not analyzed in this case, the verdict was read as an obstacle for Stornelli. The prosecutor's defense of the case related to the notebook is still awaiting the result another exemption against a judge – presentation of a judge before the House of Representatives – and the definition of whether the case will finally go to Comodoro Py 2002.
Stornelli's defense presented a Exemption when the judge called for an investigation after that persecute False Attorney Marcela D'Alessia. The Mar del Plate Federal Council rejected the defense proposalHowever, Stornelli's lawyer, Roberto Ribas, filed an appeal to the Federal Criminal Court to try to reverse that measure. By lottery Room II of that court, which was considered least favorable in the courts for defense. Ribas disputed the withdrawal because he was not present, but the lawsuit was rejected.
Today, therefore, judges Alejandro Slokar, Angela Ledesma and Guillermo Yacobucci They analyzed the question. At the first vote Slokar stated that "the appellant (Stornelli) limits the expression of his complaints only discrepancies with the decision maker whose request is made, and all this is not enough to distort the reasoning on the subject being considered and made whose foundations fail to kill"The judge explained that there was no need to analyze the defense appeal because of that does not warn "on the violation of constitutional guarantees or arbitrariness that states".
He added that "it is possible to emphasize that the attacked vehicle dictated by appeal, confirming the rejection of the investigating judge, for which in both cases are argued arguments".
Judge Yacobucci respected those arguments and added: "The disputed decision is not subject to appeal through a field trip." Judge Ledesma, to such an extent, voted in a minority who wanted to open a source for an analysis of the issues without saying it.