2023-10-05 06:40:03
The Thai Police sent on Monday – after almost two months of work – the Samui Prosecutor’s Office the final investigation report of the death and dismemberment of Colombian citizen Edwin Arrieta, for which Spanish cook Daniel Sancho is blamed, on August 2 on the island of Koh Phangan. In fact, as revealed EFE this Tuesday, in it they would maintain the charge of premeditated murder.
However, now it is the Public Ministry who must prepare its own report, which must be delivered before the end of October. This is when the 84-day period established by Thai law for the investigation to conclude expires. This time began to count on August 7, which is the date on which the young accused was brought to justice. Until then, The Prosecutor’s Office can request new evidence.
Afterwards, the date will be set for the trial against Daniel Sancho, the 29-year-old Spaniard who was arrested on August 5 at the Koh Phangan police station, after – as reported by the Thai police – he confessed to the murder and dismemberment of the 44-year-old Colombian surgeon, and subsequently distributed his remains to different parts of the island and the sea.
As confirmed Digital Freedomthe final report sent to the Prosecutor’s Office is not yet in the possession of Daniel Sancho’s defense, since He still does not have a lawyer in the Asian country. It is worth remembering that, as confirmed to this newspaper Carmen Balfagon (lawyer for Daniel’s father, the actor Rodolfo Sancho, and spokesperson for the family in Spain), the young man dispensed with the services of Kunh Anan with the aim of “establish a new defense strategy”.
Nor does the family of the victim, the Colombian surgeon Edwin Arrieta, have it. As his lawyer in Spain explained to us, Juan Gonzalo Ospina“We are not yet involved in the case as a party, but we are going to do so in the coming days.” “We will make ourselves available to the Attorney General – who is the one leading the investigation in these cases – and the police, to be an active part in the procedure“, has advanced in statements to Digital Freedom.
“We are going to ask for the statement of his parents, Edwin’s parents”Ospina warns. “But we have not yet decided which firm is going to represent us,” she says, “there are several options.” Of course, the Spanish lawyer – born in Bogotá – highlights that the victim’s relatives do not have the economic power to support these actions. “There has been a lot of solidarity with the family here”he assures, “to seek and defray the attorney’s and judicial expenses.”
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They hope to reach an agreement
Regarding statements by Daniel Sancho’s former lawyer in Thailand – Kunh Anan – which was published this Wednesday by the magazine Weekin which the lawyer shows his concern about the possibility that he is “in the hands of someone whose strategy could lead to capital punishment”Ospina has expressed hope that “the line of defense will be that of compensate for the damage caused in the best possible way to the family and its rights and interests.
“At Ospina Abogados and as legal representation of Edwin Arrieta’s family in Spain, we are – first of all – very respectful of the rules of Thailand and the procedure followed in this country,” he highlighted. And, consequently, they hope that Daniel Sancho’s defense will go in the same direction. That is to say, that his position “not to seek confrontation with the facts determined by the police or the Prosecutor’s Office, but in accordance with the accusation and seeking an agreement that is beneficial to all parties“.
“We trust that he will seek a rapprochement with Edwin Arrieta’s family and will be aware of the serious damage that has occurred to a family in Colombia that has lost a loved one, a son, a brother… And also – we cannot ignore it – that has stopped receiving income, so – in accordance with the law and in accordance with the tables that are recognized – civil liability is a point that we are going to discuss,” adds lawyer Juan Gonzalo Ospina in statements to Digital Freedom.
What will Sancho’s defense do?
The strategy that the young Spaniard’s defense will follow remains to be seen. The change of lawyer in Thailand suggested the possibility that he might try that the conviction was for homicide (punishable by between 15 and 20 years in prison) and not for murder, in which case it would be essential to deactivate the accusation of premeditation. More than anything because the decision coincided with some shocking statements by Marcos García Montes from Thailand in which he assured that “Daniel Sancho is innocent until proven otherwise”.
According to Ospina’s explanations, the defense of the Spanish chef in the Asian country will have to decide whether to choose that path or accept all the charges and reach an agreement with the victim’s family. “Thai laws offer the possibility of seeking conformity and rapprochement between the parties in the preliminary phase”, explains the Spanish lawyer. “Hopefully – and I say this with hope – we will find a defense that seeks to bring positions closer together and not confront us.”
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