DestacadosSan Felipe

Ex Carabinero que sufrió grave caída en Catedral de San Felipe gana juicio a la institución por darlo de baja por uso medicinal de marihuana

Carabinero que en noviembre del 2010 cayó de una altura de 20 metros en la Catedral de San Felipe cuando perseguía a delincuentes y que fue dado de baja por la institución acusado de microtráfico y cultivo ilícito de marihuana, fue absuelto por tribunal tras determinar uso medicinal de cannabis. (Foto: Cabo 2° David Araya junto a Ana María Gazmuri)

Ana María Gazmuri, Directora Ejecutiva de la Fundación Daya, tras este fallo de tribunales, dijo que; “hoy estamos aquí para comunicar un triunfo de la justicia, un triunfo de la salud.”

Explicando que David Araya, ex Carabinero dado de baja de la institución por ser acusado por microtráfico y cultivo ilícito de cannabis y que fue absuelto de manera unánime por el 4° Tribunal Oral en lo Penal de Santiago, logró acreditar que el porte y cultivo de cannabis estaba destinado a la atención de un tratamiento médico.

“Aquí los tribunales hicieron justicia, porque no puede ser que por velar por mi salud me hayan dado de baja por considerarme mala influencia en las filas de la institución”, comentó el ex uniformado.

Cabe destacar que el afectado sufre de dolores crónicos producto de caer desde más de 20 metros cuando cumplía labores de servicio en San Felipe.

“Un uniformado, antes que uniformado es un ciudadano como cualquier otro, y para todos ellos el autocultivo de cannabis para uso medicinal está permitido”, aseguró Gazmuri, señalando que “el artículo 14° de la Ley 20.000 estipula que los uniformados pueden hacer uso medicinal de cannabis”.

La Directora Técnica de Fundación Daya, la Químico-Farmacéutica Alejandra Ahumada, quien actuó como perito en el juicio, sostuvo que “lo importante es que aquí se marca un precedente en un caso no menor y  los tribunales se están dando cuenta de la utilidad de esta planta y lo están dejando plasmado en este tipo de fallos”.

Como perito, Ahumada argumentó que “es fundamental visibilizar la precariedad de los informes que se utilizan en este tipo de procedimientos de parte de los servicios de salud, lo que dejamos demostrado en el juicio”.

Finalmente, el Abogado de Revista Cáñamo, Pedro Mendoza, quien defendió a David Araya en el juicio, sostuvo que “respecto al uso medicinal de cannabis, es importante este juicio porque reconoce lícito su uso, independiente si tenía una evaluación previa a la época en que fue detenido”.

“Lo importante es que el tribunal reconoció el uso de cannabis en un tratamiento médico”, puntualizó el abogado.

Carabinero cae de 20 metros en Catedral de San Felipe

El efectivo perseguía a un antisocial que había ingresado a la Catedral con intenciones de robar. Al llegar Carabineros el sujeto intentó darse a la fuga por diversas dependencias del principal templo sanfelipeño, introduciéndose al entretecho hasta donde fue seguido por el cabo 2º David Araya. Sin embargo, mientras el efectivo se desplazaba por el lugar no se percató de la existencia de un cielo raso falso del tipo americano, cayendo sobre el altar desde una altura de 20 metros.

Debido a la fuerte caída, el efectivo resultó con varias fracturas de carácter grave y diversas contusiones. No obstante, fue estabilizado rápidamente por personal del Samu que, en primera instancia, lo derivó al hospital San Camilo.Posteriormente, los médicos de ese recinto hospitalario decidieron trasladarlo al Hospital de Carabineros en la comuna de Ñuñoa para lo cual, el cabo 2º Araya debió ser movilizado vía terrestre hasta la tenencia de carreteras de Colina, en donde abordó un helicóptero institucional que lo llevó a destino.

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