A big win for Superdefenders
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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".
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