The prosecutor Tomás Herranz, who is leading the prosecution against the trainers in the Cursach case, who are being charged these days before the Balearic Supreme Court for alleged irregularities in the investigation of the case against Mallorca’s biggest nightlife businessman, Bartolomé Cursach has been involved in this denounced Wednesday during the trial that the defendants had repeatedly tried to pull him out of the proceedings. “Is it the way they tell the room to get up and leave? It’s not the way and they know it. They know exactly what the path is and they did it, they walked it and they asked my boss to break me up. But I’m here,” said Herranz.
During a two-hour presentation following the previous questions, the prosecutor stressed that they had tried to get him removed from the case with “two appeal attempts” being processed in different courts. Herranz remained steadfast and has sent a message: “If the point is to incite any kind of fear or intimidation in this representative of the prosecution, I must inform you that this will not be the case, I will continue until the trial is over.” .” The second session of this hearing continues to address the previous issues of the case, with the parties reviewing the statement and either denouncing omissions or defending the work. The Tax Representative accepted the arguments put forward by the defendants at the first session, in which they asserted nullity, alleging that the WhatsApp conversations that gave rise to the case were not lawfully obtained.
Judge Manuel Penalva (right) and Prosecutor Miguel Ángel Subirán arrive at the Balearic Supreme Court. Photo: EFE / Atienza
Herranz has separated the call logs obtained from the cellphones of two journalists who reported on the Cursach case in another case and were voided, from the evidence presented by prosecutors in this investigation to support the allegations of the alleged perpetrators of the crime disclosure of secrets against the judge, the prosecutor and the four National Police officers. The thesis that the entire case was based on information obtained from those two phones is one of the defendants’ main lines of defense. “There are none included [información] whose source of evidence is the lists of calls. There are a lot of tests that have nothing to do with the call logs,” Herranz explained.
Part of his intervention focused on trying to refute another defense argument that the handing over of the cellphones to two agents of the money laundering group was not voluntary. The conversations that led to this occasion were private chat conversations, in which the investigators exchanged information about the procedure and qualified some of those involved. Herranz emphasized that both police officers gave up their phones voluntarily “and without coercion”. The first, he said, did so after having his rights read to him and in the presence of his lawyer “without fear or coercion”. “I was confident, sure it wouldn’t do him any harm. He had deleted the chats but was later able to fight back against the unsealing as he was told so and did not do so. The same applies to the policewoman who, according to the prosecutor, handed over her terminal after her release, agreed to the investigation and gave the unlock code.
More than 500 years in prison
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Judge Manuel Penalva and Prosecutor Miguel Ángel Subirán, both retired, sit on the bench of the Balearic Supreme Court, along with four officers from the Balearic National Police. Prosecutors are seeking more than 500 years in prison for the six defendants on alleged crimes of disclosure of secrets, unlawful imprisonment, obstruction of justice and court evasions committed while they led one of the most controversial investigations in recent years on the islands.
Prosecutors accuse them of committing up to 27 alleged data leaks to the media, which later released the information as news. Also of irregularities in the investigations in the so-called Ora case, a piece detached from the main case, which the public prosecutor believes is based on the testimony of a protected witness with “completely imprecise and speculative” content.
The trial will take place until September in the Sa Gerreria courtroom in Palma’s old town, a location chosen to house all the parties. Once all of the previous issues have been resolved, the court will consider adjourning to rule on those issues. Should the trial go ahead, it will resume on June 22 with testimonies from the main defendants.
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