The lawyer of the legal study that was raided in February, for the so-called attacks cause, intended to annul the procedure, although the Justice rejected the proposal.
The Federal Court of Appeals did it in recent days, confirming the same measure adopted by the judge of first instance, Gabriela Brown.
In this way, they ruled out the appeal of the defense of Romina Buamscha, head of the Sarmiento 254 offices, which were the scene of a police procedure in the search for evidence related to the arson attack on the house of the director of Sanitary Region I, Maximiliano Nunez Farina.
Buamscha, in the presentation, maintained that the operation lacked motivation and that only one person related to that cause (by Analía Gladys Consoli) had evacuated legal consultations in her dependency and that she sponsored the restitution of effects to that woman.
Regarding the apocryphal certificates related to health passes due to the pandemic, the lawyer warned that “they were arranged by another person” and that the kidnapping in her studio was “excessive” and “violated the right to property, to exercise work and the lawful industry “.
He also said that “the media coverage” of the raid resulted, in practice, “a clear detriment to employment.”
Finally, he considered that this situation set a “serious judicial precedent” for other colleagues, because it not only affects privacy but can also reach clients who have nothing to do with the case.
The Chamber, with the votes of judges Pablo Candisano Mera and Silvia Fariña, dismissed the arguments by stating that, according to what was said by the Court of Justice, it is only appropriate to declare nullity in those acts that affect constitutional guarantees and generate specific damage.
He explained that the raid had its origin in the incident at dawn on January 8, when unknown individuals attacked the front of the house of Núñez Fariña and threw threatening pamphlets against the sanitary pass and the restrictions to circulate.
The investigation determined that the National Restoration Command (CRN) could be involved in the crime, among whose members Consoli would be found.
From a test measure it emerged that members of this group could be involved in the making and marketing of false health passes.
The Antiterrorist Investigation Unit department of the Federal Police, when analyzing Consoli’s phone, discovered that he consulted Buamscha’s law firm “to obtain presumably apocryphal health passes and circulation permits.”
That circumstance was taken into account by the judge and, as confirmed by the Chamber, the raid was “duly founded.”
“The measure established was erected as a necessary and timely tool to continue with the progress of the investigation,” said Candisano Mera.
“The search warrant is fully consistent with the background that serves as the cause, observing a reasoned derivation of the procedural need for such a measure,” he added.
Responding to the alleged violation of privacy and professional secrecy, the Chamber explained that it is not prohibited to raid a law firm.
“The opposite logic would imply that there are places that are virtually outside the law and that despite having sufficient suspicion to believe that there are elements linked to a crime in such a place, they cannot be registered,” he said.
On the other hand, the precaution of issuing an official letter to the Bar Association was saved, being its president, Rafael Gentili, who was constituted as overseer of the procedure.
“The preservation of professional secrecy with clients of Buamscha Burgos unrelated to this investigation is protected, since as it arises from the search warrant, its purpose was limited to the seizure of elements that are strictly related to those of interest to the cause,” he closed.
Alteration due to operation
Blow. The husband of the lawyer, Cristian Branciforte, in the middle of the operation, rebuked the Medes present and hit the cameraman Gustavo Muñoz.
No imputation. About Buamscha, for now, there is no accusation. “We are waiting for the results of the expertise on the kidnapped technological equipment,” said a judicial source.
inquiries. Analía Consoli, her son Federico Pereyra Consoli, Cristian Brian Coronel and Roberto Eduardo Marino, alleged members of an anti-vaccine group, were investigated for the main cause of the attack.