Jadue’s Defense Scores a Win: Court Orders Forensic Review of Hermosilla’s Phone and Reopens Case

Daniel Jadue’s legal team notched a significant victory after Santiago’s 3rd Court of Guarantees agreed to reopen and expand the investigation into the former Recoleta mayor as part of the so-called “Caso Farmacias Populares”.

The ruling authorizes a forensic examination of attorney Luis Hermosilla’s cellphone—Hermosilla is a key figure in the so-called Audio Case—to determine whether any conversations may have influenced the judicial proceedings against the former municipal leader.

The court’s decision follows a November 17, 2024 investigative report by The Clinic that disclosed a series of exchanges between Hermosilla—who is charged with tax crimes, bribery, and corruption—and other lawyers, including Samuel Donoso, a former PPD member known for crafting SQM’s defense strategy and linked to former Interior Minister Andrés Chadwick, as well as Gabriel Zaliasnik, a former president of a lobbying organization called “Comunidad Judía de Chile.”

In the chats, the participants discuss potential legal tactics aimed at damaging Jadue’s public image and political prospects.

Although the Public Prosecutor’s Office had previously rejected this line of inquiry, the court, after reviewing the new background information, determined that the case should be reopened.

Investigation extended by 60 days

The order, signed by Judge Paula Brito, has direct consequences for the case against Jadue. First, the court extended the investigation period by 60 days, which immediately suspends the previously scheduled hearing to prepare for trial. This opens a new phase of inquiries that could alter the direction of the proceedings.

However, the most consequential development was disclosed by prosecutor Giovanna Herrera, who specified that, as a result of the reopening, “the indictment is no longer in effect for all defendants in the case: Mr. Jadue, Mr. José Matías Muñoz, and the rest of the accused,” she said, as quoted by El Mostrador. In practical terms, at this stage of the process, Jadue no longer holds the status of an indicted defendant.

Impact on the political landscape

The ruling adds a new twist to Chile’s political scene. Jadue—an emblematic figure of the Communist Party—had his political rights suspended by the Election Qualification Tribunal (Tricel), preventing him from running for Congress. That sanction was based on the Public Prosecutor’s formal indictment alleging fraud against the Treasury, bribery, swindle, and bankruptcy-related offenses, with a requested sentence exceeding 18 years.

With that indictment now voided, his defense, led by attorney Ciro Colombara, is evaluating legal avenues to reverse the electoral sanction. One option is to file a motion for reconsideration before Tricel, arguing the suspension of rights no longer applies.

Next steps for Jadue’s defense

The former mayor—currently under full house arrest—appeared at Santiago’s Justice Center on Wednesday morning with his wife, Anjuli Tostes, and declined to comment to the press gathered outside. After the court decided to extend the investigation period, the hearing continued with a review of the existing precautionary measures.

Meanwhile, Jadue’s legal team is also pursuing a habeas corpus action in the Santiago Court of Appeals, adding another judicial front to the case.