Santiago Court Crisis: Two Judges Admit Seeking Former Prosecutor Guerra’s Support for Their Appointments

Original article: Corte de Santiago: dos ministros revelan que pidieron apoyo a exfiscal Guerra para sus nombramientos

A serious situation has emerged within the Santiago Court of Appeals as two judges from its Seventh Chamber revealed they sought assistance from former prosecutor Manuel Guerra for their appointments to higher courts. This revelation comes just as the chamber was set to review a lawsuit against Guerra.

Judges Tomás Guillermo Gray Gariazzo and José Pablo Rodríguez Moreno have disclosed their connections to Guerra, who is under investigation for allegedly leaking information in favor of attorney Luis Hermosilla. According to court documents, both judges brought these matters to light to inform the parties involved.

The lawsuit, initiated by Arica and Parinacota Regional Prosecutor Mario Carrera, seeks to establish Guerra’s criminal responsibility for aggravated bribery, breach of confidentiality, and administrative misconduct. He is accused of providing privileged information concerning high-profile cases, such as Penta and Dominga, which could undermine the integrity of legal defenses. If the lawsuit proceeds, the Public Prosecutor’s Office could formally charge him.

Gray and Rodríguez have confirmed their connections to Guerra in a formal statement registered in the case, which was filed «for whatever purposes deemed appropriate» by the involved parties.

As reported by Radio Biobío, Judge Tomás Gray stated that he contacted Guerra in August 2017 to seek help regarding the shortlist for his nomination as a judge of the Santiago Court of Appeals.

Meanwhile, Judge José Pablo Rodríguez revealed he made two similar requests in 2022 for different shortlist nominations for the San Miguel Court of Appeals.

These admissions put both judges in a clear conflict of interest, potentially disqualifying them from adjudicating the ongoing lawsuit against Guerra.

Hearing Suspension and Recusal

The review of the lawsuit scheduled for this Wednesday was suspended after Guerra’s defense attorney, Felipe Polanco, exercised the right to recuse the chamber’s lawyer, Magaly Correa, without citing a reason. This legal tool allows for a judge’s replacement without the necessity of justification.

This action left the court without immediate options for replacement, forcing a postponement of the hearing.

According to El Mostrador, simultaneously, the review of the lawsuit against former Supreme Court Minister Ángela Vivanco was also delayed, with her defense being handled by the same legal firm as Guerra’s.

In light of these developments, plaintiff attorney María Inés Horvitz noted it was “striking” that the suspension of both cases occurred on the same day.

Institutional Trust Crisis

This incident has reignited concerns about the severe trust crisis affecting the Judiciary. The acknowledgment that sitting judges sought their promotions through a prosecutor—now under investigation for serious irregularities—raises doubts about the independence, integrity, transparency, and limitations within personal and professional relationships in the judicial system.

The full Santiago Court of Appeals is expected to resume its review of the lawsuit against Manuel Guerra on Wednesday, December 10.

Complex Legal Situation for Former Prosecutor Guerra

It is worth noting that the investigation into Guerra originated from revelations of a series of conversations he had with attorney Luis Hermosilla in the context of what is termed the “Audio Case.” According to a 2024 CIPER report, in one of these dialogues, they discussed coordinating with a third person identified as “Andrés” to find a “solution” for the widely publicized Penta case, alarming authorities.

The investigation focuses on potential criminal conduct by Guerra while handling cases of significant public interest, including not only the Penta case but also others such as Exalmar.

Additionally, his name surfaced in connection to a Belarusian case through text messages found on the phone of Harold Pizarro—owner of a currency exchange under investigation—where Guerra was attempting to exchange $8,000 in February 2024.

Recently, it was revealed that Guerra received six transfers totaling $19.5 million from a network linked to attorneys Eduardo Lagos and Mario Vargas, both currently in preventive detention for repeated bribery and money laundering accusations.

According to banking records accessed by CIPER, the payments to Guerra, made after he ceased being a prosecutor, occurred between October 24, 2023, and June 18, 2024. The funds originated not directly from the formalized attorneys but from two affiliates involved in the operation: Guerra’s office secretary, María Pía Peñaloza, and the firm “Lagos Asesorías Legales Limitada,” owned by Eduardo Lagos.