Taking into account the arguments stated in an extraordinary cassation appeal by a Prosecutor assigned to the National Anti-Narcotics Unit and Maritime Interdiction, (in Spanish: UNAIM), the Penal Chamber of the Supreme Court of Justice has revoked the acquittal issued by a special judge in Buga town (Valle del Cauca) to five individuals, who will now serve, each, 22 years in prison for the crime of drug trafficking.

Consequently, the Supreme Court ordered the immediate arrest of the following convicts: John Jairo Pandales Solís, Jonathan Angulo Angulo, Jaime Moreno Salas, Giovanny Pineda Torres and Luis Eduardo Quintero Rendón, who after being surprised by Colombia Navy at sea (Pacific Ocean) on September 17, 2009, threw 304 kilos of cocaine bundled in14 packages into the waters, later recovered by the authorities.

At that time, two of the suspects agreed to accept charges; the rest of the individuals fulfilled the respective judicial proceedings such as: the accusation hearing, on October 7, 2009 and the trial, in January 2010, before a special judge in Buga town, who, on October 27 2010, the five defendants were acquitted by said judge. The decision was confirmed on March 17 2011 by the Superior Tribunal in Buga town.

The Prosecutor’s Office said that the acquittal of the now sentenced individuals was executed without taking into account that the seizure of drugs and the arrest of those involved occurred midnight on September 17 2009, schedule which is prohibited by the Maritime Directorate for sea navigation of motor vessels. In addition, there was no set sail permit, no radio communication and night lighting, equipment to deal with an eventual emergency.

Also, in support of the cassation appeal, the Prosecutor’s Office questioned that when judicial offices tried the cause, they did not give a legal value to the fact that as soon as the ARC Buenaventura Coast Guard catches the implied ones, they took flight and threw packages containing the alkaloid at sea.

For these reasons, the Supreme Court concluded that: “therefore, there is no doubt that the Tribunal incurred obvious mistakes, result of a decontextualized valuation of beliefs adopted to the action and their estimation with ignorance of the principles of the wholesome criticism.”

Similarly, the Supreme Court ordered extinction of domain against MV “La Bombi ” used by the defendants to smuggle the seized drug.