MORENO BOTRÁN'S LAWYER FINED

• Chamber upholds charges against accused

Guatemala, March 3, 2011. The Third Chamber of the Court of Criminal Appeals rejected an amparo appeal filed by Diego Moreno Botrán, accused of concealing the whereabouts of the brothers José Estuardo Valdés Paiz and Francisco José Valdés Paiz (implicated in the murder of lawyer Rodrigo Rosenberg) and planning and executing a smear campaign against CICIG. The accused individual sought the removal of the obstruction of justice charge.

With the ruling of the Chamber, the charges of collusion and obstruction of justice were upheld against Moreno Botrán, who filed an amparo appeal against Judge Verónica Galicia of the Tenth Trial Court. Judge Galicia had ruled, on September 13, 2010, to also charge Moreno Botrán with obstruction of justice.

In the ruling, the three judges stated that the judge's decision was legal, because there was no evidence of "violation of due process or of the right to a defense, and the judge had acted within her legal powers".

The judges also indicated that the latest acts attributed to the accused party had led to consideration of the "existence of rational evidence of the possible involvement and criminal responsibility of the accused", and, therefore, a charge of obstruction of justice had been added.

The Chamber fined Moreno Botrán's lawyer, Berta Julia Morales Bustamante de López, GTQ 1,000. The lawyer was also ordered to pay the court costs.