The Seventh Criminal Court of Santiago has concluded the defamation action filed by Sergio Giacaman. The court condemned the governor to pay costs and referred the case to public prosecution due to the actions of his attorneys, which were characterized as «fraudulent» by the defense.
- Sergio Giacaman. Governor of the Biobío Region.
On Tuesday, June 9, what was expected to be a routine hearing regarding the dismissal of a serious defamation case turned into an unexpected judicial twist. The complaint, filed by the current Governor of the Biobío Region, Sergio Giacaman, was against the former director of the media outlet «El Ciudadano,» Josefa Barraza, and its current director, Javier Pineda, due to a social media post that allegedly harmed the reputation of the regional authority.
However, the session concluded with a devastating ruling for the governor’s claims: the Seventh Criminal Court of Santiago fully accepted the defense’s arguments, dismissing the case definitively, ordering Giacaman to pay the full costs of the trial to the defendants, and forwarding the details to public prosecution. The reason? To investigate possible criminal offenses —such as abuse of power— committed by the governor’s legal representatives, the well-known Penquista lawyers Fernando Saenger Gianoni and Roberto A. Coloma Del Valle.
- Fernando Saenger Gianoni. Attorney for Sergio Giacaman.
The Unveiled Judicial «Manipulation»
During the hearing, defense attorney Mauricio Daza presented a series of actions he deemed «fraudulent» and executed in «bad faith.» Daza revealed that on April 2, 2025, Giacaman’s defense initially filed the complaint in a Santiago Criminal Court, explicitly stating that the events occurred in that district.
The case landed in the Seventh Criminal Court, where the complaint was declared inadmissible because the facts did not constitute a crime; a decision that was confirmed by the Santiago Court of Appeals, remaining firm and executable.
Following this resounding failure, lawyers Saenger and Coloma filed an identical complaint in the Criminal Court of Concepción. To justify jurisdiction in this new court, they altered their version of events, now claiming the crime occurred in the Biobío region, deliberately concealing the existence and negative outcome of the previous case in Santiago.
- Roberto A. Coloma Del Valle. Attorney for Sergio Giacaman.
The «Boomerang Effect» and Absence in Court
The risky legal gambit did not turn out as expected. The court in Concepción ultimately declared itself incompetent and, paradoxically, referred this new complaint back to the same Seventh Criminal Court of Santiago, which had already rejected the original case.
Although Saenger and Coloma remained completely silent about this history during the proceedings of the second case, attorney Mauricio Daza accidentally uncovered the duplicity and used it against the judge to demand closure of the case and report Giacaman’s representatives.
What was notable occurred on the day of the hearing called to discuss the dismissal requested by the defense of the defendants. Aware that the defense would seek a definitive dismissal, Saenger and Coloma stated they could not attend. Instead, another attorney represented the complainant, who, upon learning in the courtroom of the alleged maneuvers, claimed to be unaware of the situation and ultimately agreed to the dismissal requested by the defense. The court found the matter so egregious that it ordered an immediate referral of the details to the prosecution.
A Major Victory for Freedom of Expression
At the end of the hearing, Mauricio Daza was emphatic: “This is a significant victory for freedom of expression and judicial integrity.”
- Mauricio Daza Carrasco. Defense Attorney.
The attorney argued that Giacaman’s legal action, far from seeking justice over an alleged attack on his honor, was “a way to intimidate two individuals who have served as directors of a media outlet in the exercise of their legitimate duties within what should be a democratic rule of law”.
Additionally, he harshly criticized the actions of his colleagues, stating that this case reflects the “gross and shameful professional conduct” of two well-known lawyers from Concepción who, after losing a trial, “found nothing better than to file the same complaint in another court in a different region hoping no one would notice”.
Finally, Daza urged for a thorough investigation to establish accountability: “I hope that following the complaint made by the court, the prosecution effectively investigates what happened, whether the governor was aware of these maneuvers, and all other circumstances surrounding this deception. Once this is clarified, I hope the maximum penalties are applied to all those responsible.”
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