Defence seeks to annul Kiko Gómez conviction for murder of former councillor in La Guajira
The defence of former governor Francisco "Kiko" Gómez filed a constitutional motion with the Supreme Court to overturn his conviction for the murder of Luis Gregorio López Peralta, former councillor of Barrancas, in 1997.
Defence of Kiko Gómez turns to Supreme Court's Civil Chamber to overturn conviction
The defence of former La Guajira governor Francisco "Kiko" Gómez Cerchar filed a constitutional motion with the Civil Chamber of the Supreme Court of Justice with the aim of overturning the conviction imposed for the murder of Luis Gregorio López Peralta, former councillor of Barrancas, who was killed on 22 February 1997. This was reported by infobae.com.
The motion was filed following the decision by the Supreme Court's Criminal Cassation Chamber to overturn an acquittal issued by the Superior Court of Bogotá. That reversal resulted in the conviction of Gómez for the crime committed in Barrancas, La Guajira.
Defence questions evidentiary basis
The lawyer Juan Felipe Criollo, representing the former official, questioned the assessment of evidence within the proceedings. In statements gathered by Caracol Radio, he argued that responsibility was attributed to his client on the basis of his profile and not on concrete elements linking him to the facts.
"Mr Kiko Gómez is being subjected to author-based criminal law; he is being convicted for who he is, not for the facts or evidence within the proceedings," Criollo said.
According to the lawyer, the file would contain no direct evidence, circumstantial evidence, or hearsay testimony establishing Gómez's responsibility. The defence contends that the conviction was based on versions it characterised as rumours circulating in the municipality at that time.
The Civil Chamber must decide whether to admit the motion
The constitutional action filed seeks protection of fundamental rights when it is considered that a judicial decision breached protections that cannot be resolved through ordinary procedures. In this case, the defence argues that the former governor was convicted without sufficient evidentiary support. The Civil Chamber of the Supreme Court must decide whether to admit and substantively review the motion.
Gómez Cerchar was governor of La Guajira and served as mayor of Barrancas on two occasions. His name has appeared in judicial proceedings linked to acts of violence and alleged links to paramilitary structures that operated in the region.
Meanwhile, the JEP reviews his submission request
The motion before the Supreme Court comes as the Special Jurisdiction for Peace (JEP) advances in its analysis of the submission request presented by Gómez Cerchar. Magistrate Sadra Rocío Hernández signed Resolution 3590, which ordered the continuation of the review of proceedings and documents in the file, in compliance with a prior determination by the Appeals Section of the Tribunal for Peace.
The transitional procedure was reactivated after the Appeals Section partially overturned, in 2022, the initial rejection of the submission request. The JEP is studying Gómez's alleged links to the United Self-Defences of Colombia (AUC), under the figure of third-party collaborator or financier.
Within that process, his possible responsibility for the homicides of Rosa Mercedes Cabrera Alfaro and Luis Alejandro Rodríguez Frías is also being analysed. The JEP also recognised Diana Carolina López Zuleta, daughter of Luis Gregorio López Peralta, as an indirect victim within the transitional procedure.
Defence seeks to archive investigation into gunshots at Procuracy office
In a parallel case, Gómez Cerchar's defence requested archiving of the investigation related to gunshots recorded at a Procuracy office and the discovery of a bullet, arguing that no evidence exists linking the former governor to possible threats against judicial officials.
The request does not entail closure of the case. The Prosecution still must establish who fired the shots, whether there was intent to intimidate judicial officials, and whether elements exist linking Gómez Cerchar to those facts.
Lawyer Criollo Figueroa cited an office from 16 September 2026 in which the Prosecution informed that it had not formalised the involvement of his client, though it kept active procedures to identify those responsible. He also noted that on 2 October a request for the former governor to give sworn testimony was rejected.
"There is not a single reason nor a single factual circumstance that permits attributing to Juan Francisco Gómez Cerchar an action that falls within the criminal provision," Criollo said in statements cited by the Guajira Gráfica portal.
Source: Google News BO — La Paz