The province of **Chubut** set a milestone in environmental justice by confirming the **first firm conviction** for **aggravated environmental damage**.
The judges of the **Trelew Criminal Chamber** upheld the sentence of **three years of suspended imprisonment** against the agricultural producer **Ricardo Adolfo La Regina**, found responsible for what happened in the colony of **Magellanic penguins** at **Punta Tombo Reserve** during **2021**.
The ruling, issued by the justices **Alejandro Defranco, César Zaratiegui, and Adrián Barrios**, **rejected the appeals** filed by the businessman’s defense, upholding sentence No. 1251/24.
The Punta Tombo massacre: an irreversible damage
During the trial, it was proven that **La Regina** used heavy machinery to open roads on his estate “La Perla,” adjacent to the **Punta Tombo Reserve**.
This action caused the **death of dozens of penguins** in a crucial season for **breeding and reproduction**, affecting **the colony’s ecosystem**.
The events occurred in three specific periods in **2021**:
- From August 10 to 14.
- From September 10 to 14.
- From November 26 to December 4.
The trial court, composed of the judges **María Laura Martini, Eve Ponce, and Carlos Richeri**, declared La Regina criminally responsible for aggravated damage in conjunction with **animal cruelty** under Law 14.346.
Rejection of the appeal and controversial arguments
Defense attorney **Federico Ruffa** filed an appeal before the Criminal Chamber, closely followed by the **Prosecution** and representatives of **environmental organizations**.
Among the most controversial points of the appeal were:
- **Challenges to the composition of the tribunal**, pointing out the “defective” inclusion of Judge **Laura Martini**, whose transfer to **Rawson** is a subject of legal debate.
- **Denial of evidence regarding penguin deaths**, arguing that there were no documented traces.
- **Minimization of environmental impact**, stating that the affectation represented **only 0.002%** of the colony.
However, Prosecutor **Florencia Gómez**, along with the complainants **Eduardo Hualpa and Martín Castro**, defended the validity of the process, arguing that:
- The complaint against Martini was deemed inadmissible by the Magistracy Council.
- Environmental damage and wildlife loss were proven in the investigation.
- The rejection of the trial suspension request was justified since La Regina was not the owner of the field he was trying to transfer.
A ruling by the Justice system that sets a precedent in environmental conservation
The conviction establishes **strict rules of conduct** for La Regina, warning that, in case of non-compliance, **he must serve his sentence in effective imprisonment**.
This trial represents a significant step forward in the **defense of biodiversity in Argentina**, sending a clear message about accountability for **environmental crimes**.
