2023-07-22 05:00:00
The Supreme Court ruling states that the fifth section of the Provincial Court of Pontevedra based in Vigo declared as proven facts that the mother made 68 accesses, without it having been proven that she did so without her daughter’s authorization.
22 jul 2023 . Updated at 05:00 h.
Three acquittals later, the Sergas administrative officer in Vigo accused of spying on her daughter’s medical records has been definitively acquitted. The Supreme Court dismissed the appeal filed by the daughter because the accusation does not allege or present arguments other than those already put forward previously.
This is the final victory that the defendant, defended by the Salceda & Abogados law firm, expected. The prosecutor accused her of accessing the Sergas intranet (Ianus) without permission from her job at the Xeral-Ces hospital in Vigo between 2012 and 2014 to spy on the medical history of her daughter, who lived in the Canary Islands and with whom she did not have a good relationship. The Supreme Court ruling states that the fifth section of the Provincial Court of Pontevedra based in Vigo declared as proven facts that the mother made 68 accesses, without it having been proven that she did so without the authorization of her daughter. The ruling considered that the prosecution did not prove that the mother lacked consent, since, although the two had a bad relationship, there were other periods of agreement.
The first acquittal of the Sergas employee occurred in 2019, but the Superior Court of Xustiza de Galicia (TSXG) replied that the Provincial Court did not properly substantiate the reasoning for the acquittal due to lack of evidence, and annulled the trial. This was repeated in 2021, and the defendant was again acquitted. Her daughter appealed and the TSXG once again agreed with her, because a violation of the rules was committed in the distribution of the burden of proof, and it annulled it again. The third hearing was in April of last year; again, she was exonerated. The prosecution appealed again, and, this time, the TSXG dismissed the appeal in November 2022. The daughter went to the Supreme Court and it ended the legal journey of mother and daughter with this latest ruling.
Filed in: Sergas Vigo city Supreme Court
#Sergas #employee #times #daughters #file #definitively #acquitted