Luke's Legal Woes
Falsa denuncia, the deliberate act of making false criminal accusations, represents a grave violation of justice in Paraguay, carrying severe legal ramifications. It is a crime that not only distorts the truth but weaponizes lies to inflict irreparable harm on individuals and institutions.
In the case of Luke David Thorburn-Calcino, his unfounded and malicious allegations of international narcotrafficking and conspiracy have wreaked havoc on the reputations of numerous respected professionals and projects. These defamatory claims, born out of personal vendettas and financial self-interest, constitute a blatant abuse of legal and social channels, with Thorburn-Calcino knowingly spreading falsehoods to achieve personal gain.
Not content with one false claim, Thorburn-Calcino is currently facing three separate legal cases, ranging in severity from falsa denuncia to extortion, all brought forward by different parties he has attempted to defame and extort. Under Paraguayan law, falsa denuncia is a punishable offense, with those guilty facing imprisonment, heavy fines, and an indelible stain on their reputation. Thorburn-Calcino’s reckless actions demand swift and decisive legal action to hold him accountable, restore the integrity of those wronged, and send a clear message: malicious defamation and extortion will not be tolerated, and the law will protect the innocent against such calculated deceit.
The Legal Concept of Falsa Denuncia
The legal concept of "falsa denuncia" (false accusation or false report) is common in many Latin American legal systems. It refers to the act of deliberately making a false claim of criminal activity against another person. This accusation is knowingly made with the intent to harm, defame, or manipulate legal proceedings, and it typically involves falsely reporting crimes to law enforcement or judicial authorities or making accusations through public forums.
Key Aspects of Falsa Denuncia:
Intent to Deceive: For a claim to be considered a falsa denuncia, the accuser must knowingly make false allegations. It's not enough for the accusation to be wrong or unfounded—there must be deliberate intent to deceive authorities or harm the accused party.
Criminal Offense: In most Latin American countries, falsa denuncia is treated as a criminal offense. Those found guilty of making such false claims can face legal consequences, including fines and imprisonment. The severity of the penalty usually depends on the jurisdiction and the seriousness of the false accusation.
Presumption of Innocence: The person accused of committing a crime is presumed innocent until proven guilty. Falsa denuncia undermines this principle by attempting to maliciously involve someone in criminal proceedings without valid evidence.
Public and Private Crimes: Falsa denuncia can apply to both public (prosecuted by the state) and private (prosecuted by the victim) criminal actions. Common scenarios include false accusations of theft, fraud, violence, or more serious offenses like drug trafficking or organized crime.
Procedural Consequences: Filing a false report can result in various legal repercussions for the person making the accusation:
They may be required to pay damages to the wrongly accused party.
Legal costs associated with the investigation and defense of the accused can be recovered.
Reputational damage may occur, further complicating the life of the person making the falsa denuncia.
Notable Examples and Use:
In many Latin American countries, such as Mexico, Argentina, Chile, and Paraguay, falsa denuncia is codified within the criminal codes. It is particularly relevant in high-stakes cases where accusations can damage reputations, cause financial harm, or affect political and business relationships.
For example, in Paraguay and the context of the Luke David Thorburn-Calcino's case, accusations of narcotrafficking and other criminal activities without valid evidence are grounds for pursuing a falsa denuncia claim. Since Luke's accusations are categorically false and malicious, and despite Luke being provided the opportunity to present evidence through proper means and his constant avoidance of proper law enforcement channels, legal action has been taken against him under this concept.
Court case against Luke David Thorburn-Calcino for defamation and extortion in Paraguay.
Pages 2, 3 and 4 have been blurred due to legal requirements in Paraguay for caselaw.
More Problems.
In another, unrelated court case in Paraguay (see below), Luke David Thorburn-Calcino has been given 10 days to provide evidence to support his defamatory claims against Atenil S.A., Project Chaco Vivo, and their associates for alleged narcotics trafficking. The court, as part of their efforts to seek reconciliation between the parties, has provided multiple opportunities through conciliatory hearings.
The images displayed to the left are from this ongoing court case, which highlights the gravity of the accusations and the importance of providing concrete evidence to support such serious allegations.
The use of the court as a means of reconciliation is crucial in ensuring a fair and just resolution. Not only does it give both parties the opportunity to present their case, but it also encourages them to work towards an amicable solution. This process is not only beneficial for the parties involved but also for the court system, as it reduces the burden of lengthy and costly trials.
The Paraguayan court has provided Luke David Thorburn-Calcino with an ample opportunity to support his defamatory claims against Atenil S.A., Project Chaco Vivo, and associates for alleged narcotics trafficking.
These cases serve as a reminder for all parties involved to prioritize honesty, integrity, and facts in their actions.
Facts over Fiction.