Fernandez' house arrest appeal delayed as three judges are recused

www.vheadline.com Posted: Wednesday, March 12, 2003 By: David Coleman

7th Appeals Court judges Luis Lecuna, Violeta Gonzalez and Sammer Richani have been recused by the Prosecutor General Office on the eve of a decision to void an earlier court's decision to authorize the house arrest of opposition rebel business leader Carlos Fernandez pending trial.

PGO 6th national attorney Luisa Ortega says the decision will be delayed at least until next week when cause will be heard by another appeals tribunal.

Fedecamaras president Carlos Fernandez is currently detained at his luxury home in Valencia (Carabobo) ... his defense lawyer, Pedro Berrizbeitia, says the PGO action was introduced on claims by Ortega that the three judges had publicly discussed their ruling in advance of  an official court decision.

On February 28, PGO Ortega had appealed a decision by 49th Control Court judge Gisela Hernandez to allow Fernandez house arrest pending trial on a series of charges resulting from a failed 2-month national labor stoppage aimed at toppling President Hugo Chavez Frias' government.  Ortega has insisted that, considering the severity of the charges against him, there was a high risk that Fernandez might flee justice just like his predecessor at the helm of Fedecamaras, Dictator-for-a-Day Pedro Carmona Estanga who now lives in fugitive exile in Colombia after the failed April coup d'etat.

Defense lawyer Berrizbeitia cites a medical report from a State Political & Security (DISIP) police M.O. which says that Fernandez' medical (hypertension) condition is such that his life would be endangered if he were to be remanded to a customary prison regime.