The judge who instructs the cause for the leak to the press information secret of the proceedings of the case Cursach has high exposure reasoned the Superior Court of Justice of the Balearic islands, to appreciate evidence of the alleged commission of crimes by the previous instructor of the case, Manuel Penalva, and the prosecutor-anti-corruption Miguel Angel will Rise. Judge Carmen Abrines appreciates the existence of evidence of crimes, disclosure of secrets, trespass, professional disloyalty and illegal detention by the judge and the prosecutor, which are measured and can be only judged by a higher court. In the exhibition reasoned also includes four agents of the National Police of the Balearic islands and the protected witness number 31 of the general cause against the employer of the nightlife Bartolome Cursach, who is investigated in parallel by their alleged collusion with the police to benefit their business.
The research that affects Penalva and Upload was initiated in July of 2018 after the denunciation of the defenses of several major investigated in the case Cursach. The defense attorneys complained about repeated leaks public information summary declared secret. During the investigation, initiated by the judge Miquel Florit and completed now by judge Carmen Abrines, the researchers were able to recover several groups of private chat in which the national police are now investigated, they exchanged information and comments on the cause with the judge and the prosecutor. Now the instructor appreciates evidence of crimes in the conduct of the members of group of Whatsapp.
In the exhibition, reasoned the magistrate considers that there are indications “solid” in respect to the reality and the source of the leaks and the leaking of information produced from members of group of Whatsapp, both agents of the National Police who were part of it as well as the trainer and the prosecutor. “Is it true that it is difficult to determine the source of the leak when there are so many legal operators involved in the court proceedings, but the circle is reduced when the leaks take place once declared the secrecy of the proceedings, because, in that period, they could only have access to the contents of the same to the investigating judge, the public prosecutor anti-corruption case manager as well as the members of the group of bleaching which carried the statement of the proceedings,” says the judge.
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despite the fact that, according to the judge, the gaged have sought to justify the leaks with the argument that the practice of some tests whose content was leaked to the press were present lawyers, after referring to the chat conversations can be deduced that those who provided information to the press were the members of the group. “There is an appearance of verisimilitude in relation to the reality of the facts in the police report to justify the current exhibition,” writes the judge.
On the crime of illegal detention and trespass that blames the judge Penalva and the tax will go up, the instructor as confined to the adoption of the measure of provisional imprisonment against three investigated. Refers to the generation “deliberate and unjustified” on the part of the members of the group of circumstances “on which to base this precautionary measure”. “They would have agreed to the postponement of various statements of witnesses and documentation requirements that would allow them to justify in the meantime, the provisional detention, as a measure aimed to prevent the destruction or manipulation of evidence, agreeing, following its practice, the release of the investigation,” she says.
however, in the statement reasoned the judge closes the door to the commission of other crimes, as the criminal organization and the coercion of witnesses that, yes, they appreciated some of the parts personadas. Does not appreciate evidence “clear, serious and well-founded” to them a crime of belonging to a criminal organisation, as it certifies that the group chat was essentially “work”. Nor does it believe that the conduct of the investigation is guilty of a crime of coercion to the witnesses, because he believes that in the conversations of Whatsapp “was not appreciated nor intimidation, or coercion, or inducement to any distortion of the reality.” It points out that the fact that in a given moment, it is to insist upon a witness on a photographic reconnaissance, it does not mean that you are really directing the respondent to get a particular recognition.
This is the third time that the cause to investigate Penalva and Uploaded to arrives at the high Court of Justice of the Islands. On the two previous occasions the piece was sent by the judge Miquel Florit, who is currently on a low point of retirement and will be tried by the Superior Court of the islands by the confiscation of the mobile phone to several journalists to investigate leaks in the framework of the case Cursach. The piece was returned in the two cases, the first time by the absence of an exposure-reasoned, and the second, because it had not exhausted the time limits for the parties to present their opinion.
