Bajo el alegato de «violación flagrante y reiterada» de los derechos del exministro Administrativo de la Presidencia, José Ramón Peralta, acusado de corrupción administrativa, sus abogados anunciaron que han presentado una recusación en contra de la jueza Patricia Padilla, quien lleva el control judicial en instrucción del caso Calamar.
El abogado Pedro Balbuena informó que en su solicitud piden que la magistrada sea sustituida con jueza de control en el caso Calamar.
Donde está incluido su defendido, quien guarda 18 meses de prisión preventiva como medida de coerción.
Balbuena agregó que, además, presentarán una denuncia ante el Consejo del Poder Judicial, a fin de que se inicie en contra de la también jueza del Segundo Juzgado de Instrucción del Distrito Nacional un proceso disciplinario por la alegada comisión de faltas graves.
Planteó que la prisión preventiva de 18 meses contra Peralta es «arbitraria, irrazonable y contraria al derecho».
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«Pero lo sucedido el pasado viernes con la decisión de la jueza Patricia Padilla desborda cualquier noción de arbitrariedad e ilegalidad», expresó el abogado.
No fijan fecha audiencia José Ramón Peralta
Explicó que el pasado 14 de agosto, interpusieron ante la jueza Padilla un recurso de revisión de la prisión preventiva impuesta contra el exfuncionario.
El cual aseguró que debía ser conocido en una audiencia, pero que no se fijó una fecha.
«El día primero de septiembre se nos notificó la resolución mediante la que se rechaza nuestra solicitud de revisión».
«Sin que el solicitante y sus abogados fueran convocados y, mucho menos, escuchados», indicó.
Resolución decidió revisió a solicitud
«Peor aún, la misma resolución decidió la ‘revisión a solicitud de parte’ sin fijar audiencia, dispuso que la ‘revisión obligatoria’ de la medida de coerción, prevista para el pasado día primero de septiembre, no se conocería ese día sino el día 28 de noviembre de 2023, es decir, tres meses después de lo previsto según la ley».
Llamó la atención de que, de confirmarse la decisión de la magistrada, Peralta «estaría nueve meses sin que un tribunal haya conocido regularmente la revisión de su prisión preventiva, que debe producirse de manera obligatoria cada tres meses».
A Balbuena le acompañaron los abogados Santiago Rodríguez, Emery Rodríguez y Chanel Liranzo.
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