They convicted a UTA trade unionist who attacked a businessman and blocked his business

They convicted a UTA trade unionist who attacked a businessman and blocked his business
porEditorial Team
Argentina

The accused must carry out a series of measures as a form of reparation for the facts under investigation.


The Federal Oral Court No. 3 convicted a trade unionist from the Automotive Tram Union (UTA), Sergio Raúl Gauna, who had been accused of participating in attacks against a businessman in the transport sector and the blockade of his business.

The decision was adopted by Judge Andrés Basso, who ordered that the defendant comply with a series of measures as a form of reparation for the facts under investigation.

According to the court ruling, Gauna must make a total donation of $400,000 to Garrahan Hospital and also do 100 hours of community work at a Caritas Argentina headquarters near his home.

The sanction is framed within the concept of the suspension of trial on probation, a mechanism that makes it possible to avoid oral proceedings by complying with certain conditions.

The UTA attack.
The UTA attack.

The cause

The conflict that gave rise to the case dates back to early 2021. At that time, Gauna was arrested along with four other alleged accomplices after blocking a property belonging to the company Expresso del Oeste, located in the Buenos Aires district of La Matanza. During that episode, the group staged a violent attack against the company's owner, businessman Esteban Falcigno

.

Security cameras at the scene recorded the entire sequence. The images show how the group violently entered the businessman's office, pushed him and threw him to the ground. As a result of the attack, the victim suffered secondary cervical and encephalocraneal trauma

.

After the attack, Falcigno also received death threats to delete the images he had taken with his cell phone during the blockade. “Delete the photos or we'll take you outside and kill you,” they said, as recorded in the case

.

During the raids following the events, members of the Buenos Aires Police seized a shotgun in one of the homes of those involved in the episode.

This first attack was tried in the provincial courts, before Criminal Court No. 3 of the Judicial Department of La Matanza, where the trade unionist was finally acquitted.

The UTA attack.
The UTA attack.

However, a few days later, a new episode of violence occurred. This time it happened at the headquarters of the company Sierras Cordobesas, also owned by Esteban Falcigno. For this second fact, which was investigated in the federal courts of Comodoro Py, Gauna was prosecuted for coercive threats aggravated by

the use of weapons.

According to the investigation, the action was once again led by a group of UTA trade unionists who mobilized together. However, in this case, only Gauna could be clearly identified by researchers

.

Faced with this situation, the defense of the union leader requested the suspension of the trial on probation, a mechanism aimed at repairing the damage caused and avoiding the holding of an oral debate. The businessman concerned rejected the proposal. Even so, the Public Prosecutor's Office endorsed the application of this alternative solution

.

The company also reported significant economic losses resulting from the blockade. As reported in the case, he had to return the money for the tickets sold during the interruption of the service, which represented approximately one million pesos at 2021 values. The firm even submitted documentation to the courts to prove this damage

.

However, the Office of the Prosecutor considered that it was appropriate to allow the suspension of trial on probation due to the defendant's lack of criminal record and the low expectation of punishment expected for the offence charged.

Finally, Federal Oral Court No. 3 decided to impose on Gauna the payment of two installments of $200,000 to be allocated to Garrahan Hospital. In addition, the trade unionist must complete 100 hours of volunteer work at a Caritas Argentina headquarters close to their place of

residence

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