Prosecutor Guillermo Marijuan appealed the dismissal of Victoria Donda who had been investigated by theThe crimes of fraudulent administration and embezzlement of public funds, by offering a social plan or a position in the National Institute against Discrimination, Xenophobia and Racism (INADI) to his domestic employee, Arminda Banda Oxa. In opposition to the decision of Judge Sebastián Casanello, the representative of the Public Prosecutor’s Office indicated that “it is proven that the accused, abusing her status as a public official, privileged her particular interest.”
The complaint “for acts of corruption” was presented by Banda Oxa’s criminal lawyer, Fernando Zarabozo, who stated that the domestic worker has worked since 2007 with the head of INADI, who tried to throw her out once the coronavirus quarantine began, “trying to get the woman to resign of her own free will and unilaterally, offering her on that occasion, if she agrees to do so, the receipt of a subsidy or a position in the INADI, being that such circumstances would exempt her from paying the corresponding compensation for unjustified dismissal, “according to the complaint filed.
The case was settled in the federal court of Sebastián Casanello, which delegated the investigation to the prosecution. At the beginning of March, the magistrate pointed out that although it had been possible to prove that “there were private conversations in the framework of which Victoria Donda had made an improper offer, the elements were lacking to indicate that, after those dialogues, there had been an administrative act of the civil servant: a resolution or order emanated from the head of INADI, which would make such an offer effective, much less a state contract to perfect it. “
At that time, the case returned to the prosecution, which confirmed that, in their opinion, “the state of suspicion had been verified” and “slipped at the same time that, if the court did not share the criteria, it should resume the investigation. and carry out the test measures it deems pertinent. “
Prosecutor Marijuan had requested that the official be called for an investigatory statement “by having been unlawfully interested, outside the state interest, and abusing her character as Controller of INADI, in obtaining a social plan or contract in the aforementioned body in favor of Mrs. Arminda Banda Oxa, in order that she submit her resignation from the employment relationship that bound her as a domestic employee at her home address “.
Is that for the prosecution, after the evidence collected, such as the testimonial statements taken, there was sufficient evidence to sustain that “Donda Pérez abusing his status as a public official, as Comptroller of the National Institute against Discrimination, Xenophobia and Racism – INADI – and inserting your particular interest, offered Mrs. Arminda Banda Oxa a position in the aforementioned body or a social plan, requiring her to resign. to the work that she carried out as a domestic worker and thereby avoiding having to face any type of compensation claim that corresponded to her in a personal capacity. “
Faced with such controversy, the investigation was once again in charge of Judge Casanello, who ordered a series of measures “that yielded negative results,” Casanello indicated to sign his dismissal.
He detailed in that regard: “INADI does not register any initiation of the procedure that has the objective of hiring ARMINDA BANDA OXA”, secondly, “in the Ministry of Social Development, in its different areas, there are no records of plans or social benefits in favor of ARMINDA BANDA OXA “ and finally he said that “the Office of the Administrative Investigations Office has not initiated any disciplinary proceedings, linked to the fact that is being investigated in the present case.”
For the prosecutor Marijuan, these grounds are not enough, and he reiterated that he finds Victoria Donda responsible for the crimes charged. In its opinion, to which Clarín agreed, it indicated that what was discussed “was the mechanism that the accused offered to implement -possibility that was within its scope of interference- in order to neutralize the actions that due to the existing labor contingency, the witness could initiate against him “.
Expanding on such a concept, the prosecutor said that Donda is criminally responsible, since “her activity was not aimed at satisfying the interest of the public administration but that of the accused. Donda Pérez’s motivation in offering to manage a contract in the body under her charge and / or a social plan in favor of her employed, it was to use public resources to avoid facing a debt that he owned in a personal capacity “.
In this sense, it concluded that “there is no doubt, in the opinion of this party, that the offer made by the accused imported the abusive, arbitrary and discretionary use of the public function.”
For this reason, it was insisted that Donda be called to an investigation and added that “substantial evidence has been incorporated that shows that the interest of the named in obtaining her own benefit with the offer made to Arminda Banda Oxa, has been proven”:
When the file began, it was learned that the salary receipts include payments made by the official to Arminda, from July 2016, when she paid her $ 5,000 per month, until January 2021, when she also paid her $ 5,000, as if she had paid her to his maid the same salary for four and a half years, without any inflationary update. In that same period, the labor contributions he made increased from $ 176, in August 2016, to $ 363, in January of this year, according to the receipts provided by the official.