Ernesto Muyshondt monitors the sessions via video calls from prison. / Emerson del Cid.
The Second Penal Court of San Salvador annulled the preliminary hearing conducted by the Eighth Court of Inquiry, where it decided to accept evidence and send the former mayor of San Salvador, Ernesto Luis Muyshondt García Prieto, and two others to the court on charges of embezzlement. Detention or presentation of tax and breach of duty, as the court alleges in the order to initiate the case and also to receive evidence, there were no arguments from the judge.
The court explained that canceling the order to open the case would be a violation of the guarantee of inviolability of the right to defense, non-substantiation, necessity and usefulness of evidence.
“The preliminary hearing and the order to initiate the trial … confirmed that the investigating judge did not make a personal assessment of the relevance, suitability and usefulness of the evidence offered by the prosecution, and it was admitted by the prosecution.” The judge … noted that the documentary and expert evidence admitted and each piece of evidence detailed in the indictment was transcribed verbatim,” the court said in a May 17 order ordering. Restoration of acts.
The former mayor, along with Francisco Rivera and Fernando Heriberto Portillo, three defendants were sent to court on April 21 for embezzlement or embezzlement.