Defense attorneys for two of the defendants in the 'Operation Hurricane' case are warning of irregularities in the sentencing file issued on April 2. The document appears to be linked to a judge from the Oral Court who was not part of the presiding panel and who, furthermore, appeared as a witness during the judicial proceedings.
The discrepancy was identified by the legal teams representing former Carabineros officers, retired General Gonzalo Blú Rodríguez and retired Major Patricio Marín Lazo. Both were sentenced to five years of imprisonment under intensive supervised release for crimes including forgery of public documents and obstruction of justice, according to biobiochile.cl.
Javier Jara, the attorney representing Major Marín, has requested immediate clarification regarding the origin of the file. The lawyer is seeking to understand why the sentence is registered under the name of Judge Roberto Herrera Olivos, who did not serve on the court that presided over the trial due to his involvement as a witness in the case.
Motion for reconsideration filed with the Court
Following an initial refusal by the Court to clarify the matter, the defense teams have filed a motion for reconsideration. The lawyers are insisting on a review of the document's validity while the period for filing nullity appeals remains open.
The 'Operation Hurricane' case investigates the 2017 arrest of approximately ten members of Mapuche communities. The defendants were accused of attempting to frame these individuals for acts of rural violence by planting false evidence on their mobile phones.
A hearing is scheduled for this Wednesday to review the precautionary measures still in place for the convicted individuals. The judicial process remains under intense scrutiny by all parties due to the inconsistencies noted in the official documentation.