They review a failure against Rousselot

The definitive sentence will be in 60 days

THE SILVER. - An aged Juan Carlos Rousselot, ex- intendant of Morón, 67 years, attended previous the public hearing to the failure of the Court of Abrogation yesterday, in which he discussed if its intervention in a case were legitimate, if embezzlement of bottoms were or peculado.

The difference is not baladi ': in an end, the freedom; halfway, the sentence of the failure now in revision - a year of prison by embezzlement -, and in the other, the seven years of prison and perpetual incapacitation to exert positions that the Public Ministry requested.

This it considers that Rousselot exceeded the limits of its faculties and in benefit of third, which forms the peculado crime of.

In the hearing before judges Ricardo Borinsky, Carlos Mahíques and the holder of the Abrogation, Federico Domínguez, also struggled the possible responsibility of Néstor Achinelli (that was absent), Public Work secretary in Morón during the Rousselot administration and that now issued the orders for the work in the center of the question.

Debate

Before little public and with a defendant who was distant and until other people's in his attention to the event, one struggled if Rousselot incurred a crime when equipping a hospital with bottoms of the municipality, but installed in an estate of the Air Force. Its defense denies it, because it invokes decrees that authorize the intendant to act discretionarily in these cases.

If that installation were a transfer, as the oral court Nº4 de Morón in September of 2000 considered, he would be before an embezzlement, that is to give to a good a different destiny of which legally it had. In that case, the imposed sentence would be legitimate, of a year of prison in condition and three of incapacitation to exert positions public.

In the hypothesis defended by the public prosecutor of the Abrogation Jorge Roldán, the made works were executed in scopes other people's to the commune, with money of this one and in material benefit of the Air Force.

In that case, the peculado would be before figure of, by which a pain of two to ten years of imprisonment or prison to the "civil employee is anticipated who will use in own benefit or of third works or services paid by a public administration".

The definitive sentence against Rousselot will be known in 60 days.

Sentence: the 20 of September of 2000 were condemned to a year of prison in condition and disqualified by 36 months to hold positions public by deflection of volumes, to the authorized salary the transfer of a hospital without authorization of the Deliberative Council of Morón.

The public prosecutor had requested a sentence of seven years of jail.

Prisoner: as a result of which he failed to fulfill the conditions of his conditional freedom was stopped in May of 2001, when he returned from a trip to New York that had made without judicial authorization.