He Superior Court of Justice of Chubut this thursday morning declared livestock producer Ricardo La Regina guilty for the massacre of penguins in Punta Tombo. “This resolution generates an important judicial precedent in the care of the environment,” highlighted the Public Prosecutor’s Office of Chubut on its social networks.
“This collegiate court unanimously rules declaring Ricardo La Regina as the author criminally responsible for the crimes of aggravated damagea fact in the form of a continuing crime, in ideal conjunction with the crime of Animal Cruelty“, determined the body made up of judges Maria Martini, Eve Ponce and Carlos Richieri.
According to the ruling, La Regina is held responsible for the damage caused during the events that occurred between August 10 and 14, September 10 and 14, and November 26 and December 4, 2021, but only in this last case was he found guilty of animal cruelty. In the other two incidents, he was acquitted of this last crime.
Next Monday, at 8:30, the caesura hearing will be held and there the penalty will be known meet La Regina.
In reading the ruling, the judges indicated that it was “materiality and authorship proven” of the facts, in accordance with the proposal of the Public Prosecutor’s Office (MPF) and the complaints, made up of Patagonia Natural Foundation, Greenpeace and the Argentine Association of Environmental Lawyers. And they elaborated: “Ricardo Adolfo La Regina, without prior administrative authorization on environmental impact and through the use of heavy machinery (retro excavator) proceeded to completely clear native vegetation and remove soil, causing irreversible damage to the native fauna and flora of the place, damaging the reproductive habitat of the Magellanic Penguin and in the last incident also, overwhelming a high number of live penguins of different ages, killing them, injuring them and causing them suffering as well as crushing eggs in the incubation stage.”
In this sense, the works were clarified “Path A”carried out between August 10 and 14, 2021, for the placement of a fence; he “Path B”made between September 10 and 14, 2021; and finally the “Triangle and Dismount”a place that La Regina called “El Tajamar”, which was done between November 26, 2021 and December 4, 2021.
In addition, the statements of the witnesses stood out, as well as the testimony of the biologists Pablo García Borboroglu and Laura Reyes and the Director of National Geographic, Samuel Guilford. And the photographic and film materials obtained, which were then exhibited over several days of debate.
And regarding the figure of the accused, they stressed: “You cannot consider yourself the owner of the native flora, especially the nests of wild animals, especially if these are protected by local and international laws. Based on the above, this court has no doubt that the habitat of the Magellanic penguin is of interest and public use.”
The Chubut court declared Ricardo La Regina as perpetrator criminally responsible for crimes of aggravated damage“an act in the form of a continuing crime” and “ideally in conjunction with the crime of animal cruelty.”
However, the judges also acquitted the livestock producer of the crime of animal cruelty, with regard to the layout of “Road B”, since at that time period the penguin migration stage was in full swing. “Therefore we could not consider it proven, with the necessary degree of certainty, that the layout of Route B led to the slaughter of penguins, imposing doubt in favor of the accused,” they argued.
This way, La Regina could face up to 4 years in effective prison, according to the accusatory piece that the prosecution presented before the trial.. The scale for Aggravated Harm provides for a minimum of 3 months and a maximum of 4 years, while in the case of Abuse and Acts of Cruelty to Animals it is established between 15 days to 1 year in prison.
“In an unprecedented verdict, justice found La Regina guilty of charges of aggravated environmental damage and animal cruelty. Now, it will be pending for the judges to issue the sentence and determine the penalty. The organizations hope that the sentence reflects the verification of the damage caused exposed by local and international witnesses throughout a week of oral and public trial,” they highlighted. Infobae the complainant organizations in the case.
In this sense, Matias Arrigazzibiologist and member of the Greenpeace Andino campaign team, observed that the case became “a milestone for environmental justice and the protection of penguins and nature.” And for which he hopes that the foundations will be laid to implement stricter policies and actions, which prevent future attacks against animals and the environment.
Lucas Micheloud, environmental lawyer and co-director of the Argentine Association of Environmental Lawyers, expressed himself along the same lines, calling the ruling “a powerful precedent” that confronts ecological crime. And determined: “Today, justice has sent a very clear message to all of society: destroying nature and mistreating non-human animals has criminal consequences.”
Finally, José María Musmecipresident of the Patagonia Natural Foundation, stated that it was the ruling they expected. And he concluded: “Now, expectations are set forward, especially in the tools that we will have available in the field of justice to defend biodiversity, ecosystems and protected areas.”
