Crystallex International

The defense of the mayor of Sifontes announced the decision to appeal the failure of judge eighth traveling Andres Blackberry, arguing that the Public Ministry (MP) did not demonstrate any of the infractions by which it was condemned Carlos Chancellor.

Paola M. Lessey P.
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To the mayor of Sifontes it is not allowed to him to continue declaring before mass media. Photo File

In agreement with the legal adviser of Chancellor, Sergio Urdaneta, the Public Ministry (MP) did not demonstrate any of the infractions by which the mayor was condemned.

The argumentation of the defense for the appeal of the sentence of the Court 8º of Judgment of Ordaz Port, is based on two elements, illicit tests and direccionados witnesses.

The first diligences must become before the Court of Appeals of the State Bolivar and in case the result is adverse, they will have to go to the Room of Penal Annulment of the Supreme Court of Justicia (TSJ) and finally to the Constitutional Room.

Irregularities
According to Urdaneta, between the tests that presented/displayed the Public Ministry are two recordings that are considered “tests illicit”, first because the defense does not know how it arrived at the file and because its transcription does not correspond and the other for being of a transmitter that did not tell on transmitter and she was not operative, in agreement with the levelling act.

The jurist indicates in addition that 90% of the witnesses promoted by the Public Ministry, were “direccionados” whose testimonies were contradictory and that one of them not even is called to account in the Sifontes municipality.

Incapacitation
Although the Court also dictated like accessory pain the political incapacitation of Chancellor, Urdaneta clarified once again that until the sentence is not definitively firm, his defendant is not disqualified politically, reason why rejects the declaration of absolute absence of the mayor of the Sifontes municipality.

In agreement with article 87 of the Statutory law of the Municipal Public Power, when the absolute absence of the mayor or mayoress takes place before taking possession from the position or fulfilling half of its legal period, he will come himself to a new election, in the date that fixes electoral the organism competent.

He is possible to remember more that Carlos Chancellor was elect with 63.52% of the votes, becoming the voted mayor in the past regional elections.

In view of the set of detected irregularities and the condemnatory sentence, Urdaneta cannot conclude but behind all the process that was followed to him Chancellor are the economic interests of the Crystallex company and the political interests of the governor of the state Bolivar, Francisco Rangel Go'mez.

More diligences
Sources close friends to the mayor inform that the decision to appeal was unanimous due to the so many irregularities that were detected the process throughout and that in spite of the decision of judge Andres Blackberry, the ex- causaerrista has confidence in obtaining better results before other instances.

So far, as much Chancellor as their lawyers must wait for to that the judge publishes the sentence, which delay is happened in January of the 2010, because the 10 days that the magistrate said that he would be taken agree with the judicial vacations. Once the judge returns and the remaining days of the term are marked, the 10 days for the appeal will pass.

Of not appealing the decision of the Court 8° of Judgment of Ordaz Port, then the mayor of Sifontes would be disqualified politically, but only by the time that lasts the sentence, considering the procedural time that already has been lengthy and benefits.

In agreement with the defense, the sentence is fallen to about 4 approximately for two reasons fundamental years, for the 2 years and 9 months that take lengthy and that discount to him and because benefits by good behavior remembered during the time of imprisonment.

Crimes

Carlos Chancellor was imputed by the supposed commission of the instigación crimes to break the law in the closing of public thoroughfares, incitement to the panic and the sinking of the colectivity, agavillamiento, generic embezzlement of bottoms public, concealment of the crime of generic robbery, payment of services nonrealised, swindle, budgetary overdraft and abuse of office, but it was sentenced to seven years of prison by the four first.

Some rumors indicate the militant of Mother country For All they could impute which it by other crimes. In fact, some spokesmen of the United Socialist Party of Venezuela (PSUV) talked about to the failure pronounced in the final hearing of the judgment against Carlos Chancellor like “one first part”.