Preventive Detention Denied for Sole Suspect in Wildfire that Claimed 20 Lives; Links to Prosecutor and Forest Companies Emerge

Original article: Rechazan prisión preventiva para único imputado por incendio que dejó 20 muertos, mientras emergen vínculos de fiscal con forestales Arauco, CMPC y minera Aclara

Attorney Álvaro Sepúlveda Sanhueza, husband of the Biobío regional prosecutor, Marcela Cartagena, who investigated the «Trinitarias» wildfire, provided verbal counsel to Irade, an organization that integrates mining and forestry companies with interests in the areas affected by the flames, revealed an investigation by Interferencia.

In a judicial ruling that has sparked outrage and criticism in the Biobío region, the Concepción Court of Guarantees denied the request for preventive detention filed by the Regional Prosecutor’s Office against Claudio Luna Muñoz (39), the sole defendant in the investigation related to the «Trinitarias» wildfire. Instead, the court ordered the accused to remain under nighttime house arrest, from 9:00 PM to 6:00 AM.

The wildfire, which broke out on January 17, devastated the communes of Penco and Tomé, resulting in a tragic toll of 20 fatalities, 14 injuries, 9,000 damaged homes, and over 22,000 hectares consumed by flames. In response to this magnitude, regional prosecutor Marcela Cartagena formally charged Luna Muñoz for violating the Forests Law, as well as 20 instances of negligent homicide and 14 instances of severe injury.

However, in its ruling, the court found the prosecutor’s theory insufficient, which claimed that the fire started due to a lack of maintenance on a stove owned by the defendant.

The judges stated, «There is no evidence to attribute responsibility to him for the lack of maintenance of the stove, an element that, according to the prosecutor, would have caused the fire,» according to the digital outlet Interferencia.

This decision has been met with deep discontent in the affected communities, where, as the report notes, there was already existing «skepticism among the population regarding whether this person is responsible for the tragedy.»

A Link That Raises Suspicions

The controversy over the ruling occurs within a more complex scenario, where rumors about other possible culprits and economic interests in the area circulate.

Some are pointing to the forestry business, due to the extensive pine and eucalyptus plantations—highly flammable species—while others cite the interests of the Aclara mining project, which aims to extract rare earth minerals precisely in the area affected by the flames.

At this point, a highly sensitive background emerges, as reported by Interferencia. The husband of regional prosecutor Marcela Cartagena, attorney Álvaro Sepúlveda Sanhueza, has maintained professional ties with the companies highlighted by the community.

According to the journalistic investigation, in December 2023, Sepúlveda «provided verbal counsel to the Regional Institute of Enterprise Administration (Irade),» a business guild that includes 84 companies operating in Biobío, among which are the forestry companies CMPC and Arauco, as well as mining firm Aclara Resources.

This fact was first disclosed in relation to actions taken by prosecutor Cartagena in the so-called «Agreement Case,» linked to Irade through its former president, Paul Esquerré. In that instance, when asked by the aforementioned media outlet, the Public Ministry referred to Sepúlveda’s participation, stating that he «was invited in his capacity as an expert in Administrative Law, in work meetings that did not result in written reports or legal representation.»

Regarding any information the prosecutor Cartagena might have had regarding this counsel, the Prosecutor’s Office firmly stated, as noted in the report, that «it was unaware of said counseling and only became aware after inquiries made by this outlet.»