Nayi asked for the investigation to be reopened into the meeting between a prosecutor, an expert and a hospital official
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The plaintiff's lawyer Carlos Nayi, who represents families of children who were victims of alleged attacks at the Maternal and Neonatal Hospital, asked the 7th Criminal Court to reopen the archived case that investigated the meeting between a prosecutor, a forensic expert and a hospital official.
The meeting took place on May 16, 2022 , in the office of the investigating prosecutor Guillermo González . The administrative director of Neonatal, Alejandro Escudero Salama (one of the 10 defendants in the trial) , and the forensic doctor David Dib participated.
The information came to light when the alleged attacks on newborns were being investigated. When giving his testimony, Dib referred to the meeting he had attended.
The investigating judge, Raúl Garzón, called for another prosecutor to investigate what happened. The hypothesis of a serious omission on the part of his colleague and the coroner was raised. If he had indications of serious events, he should have intervened and investigated immediately, the same charge that now weighs on the accused officials.
The meeting on May 16, 2022 is becoming increasingly difficult to explain
Up to that point, there had been eight episodes of children whose illnesses were inexplicable from a medical perspective , some of whom had presented skin lesions. For this reason, González invited Dib to participate in the meeting requested by Escudero Salama.
The investigating prosecutor, Iván Rodríguez , conducted the preliminary investigation and concluded that there was no crime in that meeting and requested that the case be closed.
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Control Judge Anahí Hamparzounian rejected the case, disagreeing with Rodríguez's position. González is a magistrate and has immunity. Only a judge could investigate him, but only if a prosecutor requests the jurisdictional investigation.
The divergence was settled by the prosecutor of the Court of Accusation, Jorge Leiva, who agreed with Rodríguez and ratified the dismissal due to the absence of a crime. Technically, the agreement between the two prosecutors was considered a definitive dismissal and the impossibility of continuing the investigation.
This is the decision that Nayi is now asking to be re-examined . In short, the appeal agrees with the opinion of the Control Judge Hamparzounian and requests that another judge rule.
The 7th Criminal Court received the submission late on Tuesday, February 25, and sent it today to the Control Court No. 11, whose head is Manuel Ayán.
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