Valdivia Court Convicts Businessman for Environmental Crimes and Severe Damage to Mariquina Wetland

Original article: Valdivia: Tribunal condena a empresario por delitos ambientales y graves daños en humedal de Mariquina

The Oral Criminal Court in Valdivia has issued a guilty verdict against businessman Cristian Esteban Zaro Ponce, holding him accountable for serious environmental pollution and unauthorized logging of native species.

These offenses occurred in the Yeco area of San José de la Mariquina between October 2023 and February 2024.

In a unanimous decision (case role 5-2026), the court confirmed both the commission of the crimes and the culpable participation of the defendant.

The ruling indicated that regarding the logging of native species, the convicted individual «as the owner of the mentioned property authorized the cutting of native tree species located on slopes greater than 45% (conservation and protection forest) and native species located less than 200 meters from a watercourse, thus violating the prohibitions established in paragraphs 1 and 3 of Article 5 of Decree Law 4363 of the Forest Law,» all within the upper part of the property.

The verdict also highlighted that Zaro Ponce «to facilitate the sale of parcels, authorized the removal of material (earth) from the upper part of the property using machinery (excavators and/or backhoes), which was dumped onto an existing marshland in the lower part of the property, beside the Lingue River.»

This site, the judgment notes, is considered «a priority site for biodiversity conservation by the Seremi of the Environment of Los Ríos,» which was destroyed due to the defendant’s actions, «affecting the existing flora and fauna through habitat destruction, burial and removal, and contamination from the sedimentation of the waters feeding the wetland.»

According to the ruling, the offense of severe environmental pollution was established by the presence of the following elements:

(i) significant affectation over a spatial extent relevant to the ecological or geographical characteristics of the area;

(ii) prolonged effects over time due to this severe affectation;

(iii) severe, irreparable, and/or difficult-to-repair effects on environmental components, particularly hydrophytic vegetation and wildlife in the wetland, resulting in serious and irreversible damage to the ecosystem;

and (iv) significant effects on ecosystem services or functions of the environmental component, as the wetland’s essential roles, such as water provision and soil protection, were severely impacted, leading to the total loss of the wetland.

The sentencing communication hearing has been scheduled for Monday, October 19, at 1:30 PM.

Check the full ruling HERE