After achieving on September 8, the reopening of the case, the Family of Yéremi Vargas – the child disappeared in 2007 Neighborhood (Canary Islands) while playing in a breakdown with his cousins – has returned to plant battle to the instructor judge.
Through his lawyer, Marcos García Montes, has presented an appeal against the judge’s decision not to quote as a witness to Antonio Ojedael Rubio, the main suspect of the child’s disappearance after, according to the researchers, he revealed details to his companions
in prison when he fulfilled conviction for a crime of sexual abuse to a minor.
One of the intern with which he shared Cell declared that the blond-too researched as allegedly responsible for the disappearance of the child to the provisional file of the case in 2017 – he said in a climate of trust the alleged crime committed.
He said that the suspect told him that “the boy was blue,” which, he added, “he arrived dead” and that, he finished, “I had to disappear.”
“It proceeds the need to enforce this part its fundamental right of access to the test, in order to expose and demonstrate that the declaration of the aforementioned internal witness was truthful,” says García Montes in his appeal.
The magistrate, however, does not consider it necessary to call him to declare and clarify in his car that, in case of doing so, it would be as investigated.
“In his case,” said Judge Juan Manuel Hermo- his statement would be as investigated and should be at the time when there are sufficient evidence or indications to direct research against this person. ”
And he remembered that if he quoted him as a witness, the blonde would be forced to tell the truth – as imputed he is in his right to miss the truth – which would mean “an obvious risk for instructor activity” if later there was a basis for imputing it
, by constitutional guarantees that protect the presumption of innocence and the right of defense.
The judicial decision that is used in part now is the one that issued the extension of six months of the investigation by the disappearance of Yéremi.
After reactivating, the judicial instruction now enters into a decisive phase with the round of statements set for next November 5.
The most important is undoubtedly that of an 11-year-old boy, today adult, who played in the area where he was and his cousins was.
The young man assured the police before the case was closed that the child climbed into a white van that had a palm sticker on his back.
He also talked about a man with a cap.
The Rubio car was a Renault 5 oasis and had a palm sticker in the back area.
A characteristic sign is that he always went with a cap.
However, this testimony was invalidated by having contradictions, in the opinion of the magistrate.
The Civil Guard, against, always considered that he was involved in the disappearance of the child.
Without fissures.
The agents of the operating central unit (UCO) do not contemplate another way of research today.
The judge, for the moment, is not valid for police suspicions and, for the moment, he prefers not to cite the blonde for, he says, not compromising this first phase of instruction.
