En línea con la teoría del Law Fare asumida por el kirchnerismo para defenderse de las innumerables causas de corrupción que pesan sobre la ex Presidenta y actual Vicepresidenta Cristina Kirchner y contra varios ex funcionarios de su gobierno, el juez federal subrogante en Dolores, Martín Bava (foto portada), solicitó mediante un escrito al Ministerio de Seguridad de la Nación que “informe y acompañe todos los listados que obran en dicha dependencia, en los que figuren los ingresos a las sedes del Ministerio de 2016 a 2019 inclusive”. La requisitoria se da en el marco de una de las causas por presunto espionaje ilegal que tramita en la ciudad bonaerense, y que antes instruía Alejo Ramos Padilla.
En un reciente artículo publicado por este medio sobre el perfil del magistrado subrogante (Ver ¿Quién es Martín Bava, el Juez que subroga la causa por presunto espionaje ilegal en Dolores?, se citaba a una alta fuente de la investigación, quien señalaba que “la causa va a volver a Dolores con las correcciones y las modificaciones que puedan hacer las instancias superiores, conforme a lo que decida Casación y eventualmente la Cámara. Si hay cambios, se reconfiguraría la instrucción con los actos previos, y si no los hubiera, para ratificar o no lo actuado. Pero va a volver a primera instancia con el objeto procesal definido”. El movimiento dado en las últimas horas parece ir en ese sentido. Y aún más: tal vez apunte a la ex Ministro de Seguridad y actual Preidenta del PRO, Patricia Bullrich.
El 28 de enero de 2019 el falso abogado Marcelo D´Alessio, fue denunciado por extorsión por el presunto empresario agropecuario Pedro Etchebest, quien afirmó que D´Alessio lo extorsionó en nombre de Carlos Stornelli, que llevaba adelante en ese entonces la investigación de los “cuadernos” de la corrupción durante la era k. La denuncia fue radicada en el Juzgado Federal de Dolores a cargo por entonces de Alejo Ramos Padilla, pieza clave de la agrupación judicial K Justicia Legítima. De inmediato, el juez decidió procesar al falso letrado y a fines de 2019 al Fiscal y también al periodista de “Clarín”, Daniel Santoro, entre otros.
Finalmente, el 11 de diciembre de 2020, la Cámara Federal de Apelaciones de Mar del Plata resolvió revocar la mayoría de las acusaciones de Ramos Padilla contra el Dr. Stornelli por asociación ilícita, dejando firmes sólo dos de los cargos: la de la cámara oculta al abogado José Manuel Ubeira y la de buscar información sobre la pareja de su exesposa, Jorge Castañón Distéfano, según el fallo de los camaristas Alejandro Tazza, Eduardo Jimenez y Rafael Julián. Además, la Cámara decidió revocar también el procesamiento de Daniel Santoro.
Recientemente, el sitio ultra K “El Destape”, propiedad de Roberto Navarro, publicó una serie de informes titulado “La cueva de Pato”, en obvia referencia a Patricia Bullrich, donde se destacaban diferentes reuniones que habría mantenido la ex funcionaria macrista con distintas personas. En especial, se hacía mención a encuentros con varios involucrados en la causa de Dolores, procesados en su momento por Ramos Padilla, y con jueces, abogados y supuestos espías. Pero los principales apuntados por el informe son, sin duda, Carlos Stornelli y Daniel Santoro. Y el mismo intenta funcionar como sostén argumentativo de la trasnochada teoría del Law Fare, que señala que todas las causas abiertas contra el kirchnerismo fueron parte de una estrategia pergeñada entre el macrismo, parte de la Justicia y un sector del periodismo.
Sin embargo, y pese a que en “El Destape” insisten en descalificar a Santoro, la resolución de la Cámara marplatense, cuyos jueces no pueden ser sospechados precisamente de haber sido parte del presunto Law Fare, fue muy contundente respecto a la revocación del procesamiento del periodista. Allí los camaristas sostuvieron que “la garantía consagrada en el artículo 43 de la Constitución nacional, en tanto tiende a preservar el secreto de las fuentes periodísticas, representa un elemento esencial que tiende a proteger no solo a quienes participan de un evento determinado, sino que se exhibe como un punto central y básico del ejercicio republicano que permite a la ciudadanía en general la posibilidad de conocer aquellos aspectos relevantes referidos al sistema democrático, que de no tutelarse de dicha forma, se verían impedidos de estar informados debidamente so pretexto de que alguien quede expuesto por revelación de la fuente privada de información”.
Según pudo averiguar este medio, nunca hubo una reunión conjunta entre D´Alessio, Carlos Stornelli y Santoro. Pero además, se trataba, en todo caso, de reuniones públicas, con ingresos registrados como corresponde, y de encuentros habituales entre funcionarios y hombres de prensa. De acuerdo a una alta fuente judicial, “Bullrich fue nombrada por Ramos Padilla pero jamás fue imputada. Por el alto perfil que está teniendo ella ahora, es evidente que la están apuntando. Y es obvio que la causa también va a volver a Dolores. Es parte de la estrategia judicial del Gobierno”.
En función de la solicitud que hizo en las últimas horas el juez Martín Bava al Ministerio de Seguridad hoy comandado por Sabina Frederic, cabe subrayar aquí otro párrafo del fallo del Tribunal de Alzada marplatense: “Los magistrados no han sido investidos en sus cargos para juzgar la calidad o contenido de un trabajo periodístico, ni mucho menos, para apostrofar acerca de la manera en que un periodista se vincula con su fuente, cuestiones estas que en todo podrán quedar sujetas a un juicio ético o de credibilidad de su trabajo, que incumbe a la sociedad que consume su producto periodístico, y no a los jueces, siempre, claro está, que no se esté frente a la comisión de un delito”.
Este medio lo venía anticipando desde que la denuncia de Etchebest tomó estado público a través de sucesivos artículos: el expediente de Dolores iba a transformarse en la “contra-causa” de los cuadernos de Centeno. En los autos de procesamiento de D´Alessio, el 25 de febrero de 2019, el hoy Juez Electoral de La Plata sostenía que su investigación se centraba en “la actividad de una organización criminal paraestatal con permanencia en el tiempo, llevando adelante múltiples planes delictivos de diversa índole, vinculados al espionaje ilegal en los ámbitos judicial, político, empresarial y periodístico”.
Escribió también Ramos Padilla en febrero de 2019: “La utilización paralela de los servicios de inteligencia para el éxito en causas judiciales y las relaciones estrechas y de mutua colaboración que se han comprobado entre miembros del poder judicial y de los ministerios públicos fiscales con los “servicios” puede generar una afectación muy grave al Estado de Derecho”. Y lucía muy explícito cuando aseveraba: “En este contexto, no importa ya si es verdad o no lo que el testigo o arrepentido diga”.
El pedido de informes del Dr. Bava no sólo parece apuntar al mismo objetivo planteado por su colega de Justicia Legítima, sino que su accionar se parece demasiado a sus cuestionados antecedentes como juez, en especial en el caso Hooft, donde también actuó como subrogante, luego de haber sido elegido como titular del Juzgado Federal 2 de la ciudad de Azul, a pesar del muy bajo puntaje que obtuvo en diversos concursos, como supo reflejar este medio.
Como instructor de la causa contra el juez provincial Pedro Hooft, cabe destacar su insistencia en sostener lo insostenible durante 6 años, cuando finalmente debió resolver en 2018 en igual sentido que lo que había resuelto el Jury al que había sido sometido el Dr. Hooft en abril de 2014, que lo absolvió con un categórico 8 a 2. No conforme con ello, en 2016 expandió el proceso imputando a más personas que revestían funciones judiciales en 1977, en una decisión que en su momento fue calificada de “desesperada y alocada”, a quienes finalmente también sobreseyó utilizando los argumentos del Jury, pese a que ninguno de ellos había estado incluido en el mismo.
El requerimiento al Ministerio de Seguridad se asemeja demasiado a aquella “alocada decisión”.
Por Pablo Portaluppi
pabloportaluppi01@gmail.com
@portaluppipablo
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