2023-05-06 05:40:00
On June 5th, the courts of Sa Gerreria, in the heart of the old town of Palma, will be set up to hold the trial against the judge, the prosecutor and four National Police officers who investigated the Cursach case, which investigated an alleged plot of collusion between agents of the Local Police of Palma and the largest businessman in the Balearic nightlife, Bartolomé Cursach. A case that was tried in the Provincial Court of the Balearic Islands in which all the defendants were acquitted after the accusations withdrew the charges against the 17 defendants who finally sat on the bench. According to the trial calendar, agreed between lawyers, prosecutors and the court, the trial will begin on June 5 and will last until September 23, when it is expected to close with the last word of the defendants.
The prosecution claims for the six defendants more than 500 years in prison for alleged crimes of revealing secrets, illegal detention, obstruction of justice and judicial prevarication committed during the time they were in charge of one of the most controversial investigations in recent years. in the islands. The prosecution accuses them of committing up to 27 alleged data leaks to the media, which later published the information as news. Also of irregularities in the instruction of the call case Now, a piece derived from the main case that the public prosecutor considers to be based on the statement of a protected witness of “completely inconcise and speculative” content. The private accusations, which represent the businessmen investigated during the process, are also demanding high prison sentences, while the High Court of Justice of the Balearic Islands has already asked the defendants for a joint and several civil liability bond of 420,000 euros to face the possible financial consequences if convicted.
The process will start on June 5 with the previous questions, for which two days are reserved. From there, the court contemplates suspending the sessions to decide on them. If the trial continues, it will resume on June 22 with the statements of the main defendants. Judge Manuel Penalva will be the first to answer questions from the prosecution and the accusations. Penalva, now retired by the General Council of the Judiciary due to disability, faces 118 years in prison for a crime of revealing secrets, 15 crimes of illegal detention, two of obstruction of justice and two of judicial prevarication. Prosecutor Miguel Ángel Subirán, also retired, faces a sentence of 121 years and eight months in jail for the same crimes and adds, in addition, one of false testimony. After the appearance of both, it will be the turn of the four officials, who have reserved four sessions, until June 28.
At the end of the month is when the witness statements will begin. First several agents of the National Police, then several journalists who followed the case. Then it will be the turn of others, such as the anti-corruption prosecutor of the Balearic Islands, Juan Carrau, who prosecuted the trial that sat the businessman Cursach on the bench or judge Miquel Florit, who took over the investigation of the case after he withdrew to Penalva and who ended up sentenced for the confiscation of the mobile phones of two journalists who were investigating the matter. The list of dozens of proposed witnesses includes several politicians from the Palma City Council, businessmen and various people who were investigated during the investigation of the case. This witness phase will last until July 14, when the process will be interrupted to allow the month of August to pass, a non-working day for judicial purposes, until September 4. From that moment on, the trial will face its final phase with the remaining witnesses and will conclude on September 22 or 23, depending on speed, with the defendants having the last word.
The speaker of the sentence will be the magistrate of the Superior Court of Justice of the Balearic Islands Diego Gómez-Reino, former president of the Provincial Court, who will form a room together with the magistrates Felisa Vidal and Antonio Capó, who will act as president. The trial will be held in the multipurpose room of the Sa Gerreria courts because the number of parties in attendance makes it impossible to hold it in the High Court palace for organizational reasons. This hearing will not settle the Cursach matter, since five people who testified as witnesses during the process against the businessman are pending to testify in the courts accused of alleged crimes of perjury.
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Penalva and Subirán, meanwhile, face the process away from the courts and charging, through their defense brief, against the leadership of the Balearic Islands Prosecutor’s Office and the National Police. A joint document in which they demand the recusal of the prosecutor who accuses them, Tomás Herranz, who withdrew the charges against those investigated by the Cursach case in a report in which he apologized to the businessman and the rest of the defendants in tears. Penalva and Subirán accuse him of having “identical behaviors” to which he reproaches them. “An outrage has been allowed, a completely prospective instruction in the Netflix style, for seasons and in parallel to the judicial instruction,” they maintain. They base their defense on the fact that the WhatsApp messages that led to the opening of the investigation were obtained illegally after the order to seize the mobile phones of two journalists and the delivery of a phone by a police agent. They maintain that the entire investigation is based on null and void actions by operation of law, for violation of fundamental rights, and that the Constitutional Court has ruled supporting this nullity.
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