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"A big win for Superdefenders"

Lawyers from the Public Defenders Office that participate as instructors for Proyecto ACCESO assume the defense on one of the most symbolic oral trials since the start of the Reform in Chile last March. Trial against three Native leaders Mapuches, accused as presumed authors of threats and terrorist fires.

In the middle of great journalistic expectation, they arrived to the Oral Court in Angol, Pascual Pichún Paillalao, 49 years, lonko of the community Temulemu; Segundo Aniceto Norín Catrimán (42), lonko of the community Didaico; and Patricia Troncoso Robles (34), alias The Chepa, accused of terrorist acts in December of 2001, specifically, the incendiary attack occurred inside of the Nancahue Farm, in Traiguén, that burned the house of the of the ex Ministry of Agriculture, Juan Agustín Figueroa; and the fire in the Farm San Gregorio, where more than 80 hectares of pine of 18 years were consumed for the fire.

The three defendants were quiet, serene, although The Chepa was seen visibly touched as she enter the court. Parallel, some 50 mapuches -headed by Juan Pichún, son of one the lonkos- made a ceremony outside of the court, as a form to support. After a long debate, in which there were three recesses, the court -headed by the judge Waldemar Koch, Luis Sarmiento and Georgina Solís- authorized the media to photograph, to record and to film just the opening and closing of the judgment, being denied the part pertaining the presentation of witnesses, mainly attending to the security and order, and concentration of the audience.

The opening of the judgment was initiated at 14.30 o'clock hours. In the resumption, the defense -represented by the lawyers Sandra Jelves, Carmen Gloria Ormeño, Miriam Reyes, José Martínez, Jaime Madariaga, Rodrigo Lillo and José Araya- opposed that the District attorney's Office did its opening supported with a datashow system.

After failing this new formal incident, the president of the court resolved that the District attorney's Office should begin its opening without the visual support that had prepared. In this manner, the Public Department proceeded to the opening of the Trial.

In its intervention, the fiscal Raúl Bustos, emphasized that "this is not a judgment against the mapuche people, but against specific persons that have had a radical position that has carried them to commit specific crimes. Besides it added that the defendants do not represent all the mapuche people, but "constitute elements that have taken the road of the commission of crimes in territorial name of demands".

In an unexpected decision, the defense determined not to present witnesses, arguing that what was exhibited by the Public Department was sufficient to accredit the innocence of its defended, causing with it an unexpected end of the judgment that was presumed could last several weeks. They were found not guilty.

 The regional defender, lawyer, Claudio Pavlic, said that the decision of the defenders was taken " in attention to that the elements shown, has not been, in the judgment of the defense, sufficiently conclusive for the matter of the accusation".

He also said "don´t forget that that to whom corresponds to accredit is to the accusing part. The defense does not have the obligation to prove, and therefore, it has been deside not to present the witnesses that had been prepared. There has not been a conclusive and concrete element in the matter of the accusation and neither of those elements that could be applicable to this figure, the law that punishes terrorist conducts".