A deplorable investigation and mishandling of evidence have been cited as the key factors in the decision by a Criminal Tribunal in Limón, in the Caribbean coast of Costa Rica, to relieve seven male suspects of homicide charges filed against them by inept prosecutors in the Jairo Mora Sandoval murder case.

To understand this great injustice, The Costa Rica Star will hereby quote reports from national newspaper La Nacion, which has done an exemplary job of following the intricate legal proceedings.

First of, some factual background on this case:

This trial started on November 3^rd. Seven men were brought to justice by the Office of Judicial Investigations (Spanish initials: OIJ) and prosecutors in Limon. Some of the suspects had criminal records, and they all had allegedly participated in the illegal poaching of sea turtles and their eggs in the Caribbean coast of Costa Rica.

The suspects were alleged to know that on the night of May 31^st, 2013, 26-year old biologist Jairo Mora was guarding the beach in Moín, north of Limón. The suspects were alleged to also know that he was not alone; four female volunteers, three from the United States and one from Spain, were protecting sea turtle nests along with Jairo.

Jairo and his female companions would prove to be easy targets for the alleged attackers, who essentially had a score to settle since these volunteers stood in the way of their poaching activities. The night ended with the female volunteers being sexually assaulted and Jairo Mora asphyxiated to death.

The Flawed Investigation

After consulting with prosecutors and first responders, OIJ agents in Limón moved quickly to arrest the seven suspects. To this effect, the agents used invasive tactics such as cell phone tracking, eavesdropping, wiretapping, etc. Herein lies a major part of the problem: The Tribunal judges determined that there was no way to ascertain ownership of the mobile phones tapped or whether the interception of communications was properly warranted by a judicial official.

Furthermore, the transcripts from the intercepted mobile phone conversations and from the tracking of the devices lacked a chain of custody, which means that anyone could have typed up said transcripts and brought them to court. Moreover, both OIJ and the prosecutors tacked on criminal charges on the suspects that were completely out of line, lost a men’s cologne sample collected as evidence, and made incorrect statements that suggested Jairo was dragged through the sand for a kilometer, but the tracks on the sand measured only 20 meters on the photos they presented.

Defense attorneys also protested strongly against what they deemed as coaching of witnesses prior to taking the stand, but the three Tribunal judges decided they had heard and seen enough; they strongly admonished the prosecutors and the OIJ agents for their Inspector Clouseau ways and then proceeded to somberly read their verdict.

Four of the seven men were sentenced to prison terms of 27, 23, and 17 years for their robbery, kidnapping and sexual assault offenses committed the night that Jairo died. Since these men had criminal backgrounds, it is unlikely that they will see major reductions in their sentences. Three suspects were released since the botched investigation could barely justify them being brought to court in the first place.

In an interview with La Nacion, the President of the Judicial Branch in Costa Rica mentioned that the Tribunal’s decision must be given proper respect, and reminded the public that the criminal justice process has certain mechanisms to address issues of redress; namely the appeals and administrative grievances process.