a Cámara de Apelaciones de Lomas de Zamora anuló el sobreseimiento dictado por la jueza Brenda Madrid sobre Pablo Moyano en la causa donde se investigó una defraudación millonaria al Club Independiente.
La medida es a raíz de la apelación del fiscal del caso, Sebastián Scalera, quien insiste en la responsabilidad del hijo del líder de Camioneros, a quien imputó como jefe de una asociación ilícita.
En octubre de 2020, el fiscal Scalera pidió el envío a juicio oral a Pablo Moyano al sostener que se dio por acreditado que, junto a Pablo «Bebote» Álvarez, fueron líderes de la organización criminal investigada, motivo por el cual en este último requerimiento se imputó al hijo de Hugo Moyano por la comisión del delito de asociación ilícita en calidad de jefe.
Según el fiscal, la organización criminal investigada «tuvo su génesis durante los últimos tiempos de la presidencia en el club de Víctor Javier Cantero, cuando, según lo explicado por ‘Bebote’ Álvarez, éste fue convocado por Pablo Moyano para consensuar un plan común que tuvo como fin desestabilizar a Cantero y lograr su salida anticipada (por medios coactivos) y, de esta manera, allanar el desembarco de los Moyano en la conducción de la institución«.
«La prueba demuestra que el plan para forzar a Cantero a dejar la presidencia del Club consistió en actos ilícitos realizados por la barra brava: ‘aprietes’ decididos, promovidos, validados y subvencionados por Pablo Moyano, Nurahi Nakis y Héctor Maldonado«, según había remarcado Scalera en su pedido de elevación a juicio.
Entre otras cosas, para el fiscal, Pablo Moyano y «Bebote» Álvarez «acordaron una serie de concesiones recíprocas; así, por un lado, la dirigencia contaría con la utilización de la barra brava para, a través de sus actos típicos (ilícitos), mantenerse al frente de la conducción política del club y, por otro, la barra brava recibiría la cobertura política y económica de la dirigencia para llevar adelante su actividad y percibir determinados beneficios».
Sin embargo, la jueza Brenda Madrid firmó el sobreseimiento de Moyano. En lo que respecta a la mencionada defraudación al Club Atlético Independiente mediante la gestión, obtención, impresión oculta y reventa de entradas, protocolos de acceso a los espectáculos deportivos de dicha institución, bonos y cuotas sociales por fuera del ámbito societario y sin ingresar el producido económico al patrimonio del Club: «Debo decir que si bien sobre este punto ya me he expedido donde consideré que existía una organización criminal, entiendo que de las constancias reunidas en autos, no se encuentra acreditado que Moyano haya tenido participación en la misma«, dijo la jueza.
Prosiguiendo con sus argumentos, la magistrada indicó que si bien existieron diversas acciones destinadas a la «obtención de concesiones recíprocas que vincularon a una parte de la dirigencia del club con los integrantes de una facción de la barra brava del Club, no puede decirse que dichas acciones estuvieron propiciadas, digitadas ni organizadas por Pablo Moyano«. Bajo esta misma línea de argumentos, y rechazando la imputación del fiscal Scalera, Madrid señaló que «la circunstancia que estemos ante un hecho criminal no significa que todas las personas que allí se mencionan como partícipes y respecto de las cuales ya me he expedido, sean quienes efectivamente estén involucradas, al menos en base a la prueba que respecto de Moyano logró recolectar el señor Fiscal«.
A estos planteos se opuso el fiscal del caso quien apeló el sobreseimiento. Los jueces de la Sala 2 de la Cámara de Apelaciones de Lomas de Zamora le dio la razón al representante del Ministerio Público Fiscal y sostuvo en la resolución a la que accedió Clarín, que la decisión por la jueza «sin precisar razón para resolver» en un sentido o el otro y asi eximir de responsabilidad a Pablo Moyano.
En esta ocasión la jueza, indicaron los jueces Pablo Little y Alejandro Rojas, «otra vez sin explicar los motivos, restó credibilidad a lo declarado por Lagarone y Álvarez cuando anteriormente se valió de aquellos relatos para sustentar la imputación contra la dirigencia«. Se trata de Pablo Bebote Alvarez que fue tenido como arrepentido.
La Cámara entendió que la jueza Madrid fórmula «un juicio diverso sobre extremos que anteriormente justipreció en otro sentido, se limitó a sostener que existían inconsistencias, sin profundizar sobre aquellas ni entregar siquiera conjetura para conocer en qué consistirían, si es que no comprometían al nombrado como lo afirma«.
En otro tramo, los magistrados plantearon que la magistrada «exceptuó toda consideración sobre los restantes elementos que apoyan el cargo, evidenciando un examen fragmentado y esencialmente contradictorio, que compromete definitivamente los parámetros de fundamentación requeridos«.
Bajo estos argumentos, los magistrados anularon la resolución que sobreseía a Pablo Moyano y se ordenó un nuevo pronunciamiento al respecto.
Fuente: Clarín
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