In episode 414 of «PrenZafútbol on Radio Zeta», The program had a visit from lawyer Claudio Ordoñez, who came especially to address legal matters and raise doubts regarding the Jordhy Thompson case, due to his preventive detention for frustrated femicide.
«According to what was said by the Supreme Court, the employment relationship between Colo Colo and Jordhy (as a worker) is suspended when he is detained. The worker is unable to go and carry out his work and in this case, the employment contract will remain permanent and valid, until it expires,” he began, pointing out in PrenZafútbol on Radio Zeta.
Along the same lines, the lawyer added that “making a unilateral decision on the part of Colo Colo, to end the employment relationship, is not so easy. There is a mandatory article, 45 of the Civil Code, which with its application suspends the employment relationship when a worker is detained.
The ‘Cacique’ has a legal loophole left if he wants to release the 18-year-old winger. Article 160 of the Labor Code speaks of serious breach of contract. In this case, by being detained, he is not complying with this. However, the damage to the club’s image would be a card up their sleeve.
«The employer could justify that he is suffering damages, such as the loss of a championship, not being someone important in sports, or that the dismissal for serious non-compliance is due to affecting the image of the club and the Colo Colo brand. That’s where they could play, get the job done,” he explained.
Being accused of attempted femicide against his partner and being held in preventive detention for 45 days (while the investigation lasts), the outlook for the man trained in the white group looks very dark in judicial terms.
«Today the penalty that Thompson risks is a sanction of 10 years in prison, only for that crime, and without prison benefits. Remember that they gave him a current condition, the restraining order, but he committed contempt, and for that reason alone he has five more years. In short, he risks 15 years in prison,” the lawyer said.
Finally, regarding the chances of reducing a future sentence, Ordoñez concluded by commenting: «Thompson’s defense will be to try to collaborate with justice, that will allow him to greatly reduce the sentence. Accept responsibility, avoid oral trial and have the Prosecutor’s Office give a sentence of less than five years. The favorable outlook would be to find a return for him in defense, but if he loses, it will be 15 years. He cannot go to prove innocence if he approached the victim when he could not, that is uphill.
2023-11-09 16:53:03
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