Former president Alberto Fernández denies hitting ex-partner in court appearance

Former president Alberto Fernández affirmed on Tuesday that he had "never" used physical violence against his ex-partner, former first lady Fabiola Yáñez, as he appeared before a judge in Buenos Aires.

Fernández, 65, handed over a writ as he appeared for questioning in the battery and domestic violence case filed by his former partner. 

According to court sources, the hearing unfolded in a tense atmosphere. The veteran Peronist refused to answer the questions of either the judge or prosecutor, they informed.

In a 200-page writ, Fernández rejected the existence of any gender violence, assuring that the accusations against him were the consequence of an economic dispute with Yáñez. 

He said the denunciation responds to presumed extortion and requested his immediate acquittal from the case.

The statement also refers to alleged addictions of the former first lady and her presumed emotional instability.

"I never used physical violence against Fabiola Yáñez," Fernández assured in an extensive writ which will now be analysed by federal judge Julián Ercolini, the court sources informed.

Judge Ercolini is now authorised to define whether to place him on trial, to rule a lack of evidence or to acquit him absolutely.

He is indicted for "injuries doubly aggravated by being committed via gender violence and against his then partner" and for the crime of "coercion."

Strict security

Fernández arrived at Comodoro Py 2002 at 10.10am on Tuesday, departing at 11.30am without making any statements to the press amid strict security measures on the fourth floor of the courthouse. 

The former president was questioned in a secretary’s office in the presence of Ercolini and Ramiro González, the prosecutor in this case.

The procedure lasted some 40 minutes, in the course of which some of the indictment against him was read out to Fernández.

In his testimony, the ex-president spoke briefly to explain why he would not answer questions, repeating that he recused the prosecutor as well as the judge and that from his viewpoint the courtroom was not "competent" to try the case.

He maintained that witnesses testifying on his behalf had never said that they had directly seen "any such conduct" on his part.

"Today [Tuesday] I presented my legal disclaimer in a case which is an unprecedented judicial fraud. After many months of silence, I want what I have to say to be known," said Fernández in the prologue of the 200-page writ rejecting the charges and requesting his acquittal.

"I never exercised physical, psychological or economic violence" against Yáñez, assured Fernández in a writ where he said that both the judge and the prosecutor in the case "had done everything possible to curb my rights of defence and thus induce me to plead guilty."

The writ presented by the former president forms part of his statement under questioning. The indicted has the right not to tell the truth without being legally at fault.

Mobile needed

The veteran Peronist also requested the return of his mobile telephone, which was confiscated at the start of the investigation, on the argument that it is necessary to exercise his rights of defence.

The summons was heeded after two postponements last year due to different pleas presented by the ex-president’s defence lawyer. 

Fernández was summoned to testify on December 11 and 19 but had managed to postpone on both occasions. Now he is arguing that he needs his mobile telephone to defend himself. The telephone has still not been examined by forensic experts.

The ex-president faces accusations of serious crimes which could lead to a maximum sentence of 18 years in prison. According to the accusation, the episodes of violence were repeated and customary, consisting of slapping his former partner.

The prosecution had previously gathered telephone evidence from the private secretary of Fernández, María Cantero, with photographs which Yáñez had sent her showing bruises on her face and body. 

Yáñez, 43, a former journalist now resident in Madrid, has already testified in the case, as has Cantero.