Jadue was kept in preventive detention; the defense will appeal

“Tomorrow (Tuesday) is the deadline to appeal the real precautionary measures and we do not want to stop exercising any recourse to the extent that we are convinced that there are a series of new precedents that probably, and we hope, the Higher Courts will look at differently,” said lawyer Juan Carlos Manríquez.

Santiago. 8/7/2024. The Third Court of Guarantees of Santiago maintained the preventive detention of the mayor of Recoleta, Daniel Jadue, basically because it considers him “a danger to society.” In light of this, the mayor’s lawyer, Juan Carlos Manríquez, stated that new information would be presented that would allow this precautionary measure not to be applied.

“Within the time period available to us, we will most likely exercise the remedies available to us by law, from appeals to others that we have in progress. Tomorrow is the deadline to appeal the real precautionary measures and we do not want to stop exercising any remedy as we are convinced that there are a number of new precedents that the Higher Courts will probably, and we hope, look at differently,” stressed Manríquez.

A sensitive date in this regard is July 18, when Jadue could be removed as mayor after serving 46 days in prison and not being able to appear to exercise his duties as mayor.

The defense attorney said that “we will not stop exercising any resources” to get Daniel Jadue out of prison.

He explained that “we are requesting certificates to appeal to the Constitutional Court, which is where part of this discussion must also be raised. As you know, there is a precautionary measure against the State of Chile, admitted for processing at least in the study stage of the Inter-American Commission on Human Rights, where this issue is being addressed in relation to the violations of the political rights of a mayor in office.”

Jadue’s defense attorney stated that “we continue to maintain that there are new and substantial antecedents, for example, regarding the legal nature of Achifarp, the role that the mayor played in it, the legal qualification of both mayor and president, the opinions of the Comptroller’s Office. On the other hand, the fact that there is to date an absolute indeterminacy of what the damage is, people who appear in double capacity, for example, Best Quality and in turn in the Achifarp bankruptcy procedure, where in essence they are trying to collect the same credits twice. And on the other hand, also the configuration, as you could hear, which for the first time we discussed in the substance of the crime of fraud, which we believe is not such, the administration of the loyal in the same way, the bankruptcy crime, the tax fraud, which in essence is a reiteration of the administration of the disloyal, a mirror and the bribery, which the most curious thing is that it would have been committed by the person representing Best Quality, who acts as a victim in this case.

Juan Carlos Manríquez said that “there is still much to be said”, while he rejected the possibility of the mayor fleeing if he is released, something that is supported by the prosecution. He said that “in the hearing, no one wrote any concrete information about the risk of flight, only general theoretical questions based on the probable sentence, which is in fact subject to discussion. We wanted to have that information, the court allowed us to do so and that is what the resources are for.”