The defense of Sumar’s former spokesperson Íñigo Errejón has filed an appeal before the Provincial Court of Madrid in which he charges against the strategy of the woman who reported him for sexual assault, Elisa Mouliaá, whose lawyer, alleging that she is on leave for a advanced state of pregnancy, has motivated the judge to provisionally close the procedure without him being able to testify to defend himself against what he describes as a “false complaint.” He understands that this is a “fraudulent” maneuver and asks that the closure of the case be revoked.
«Mr. Errejón’s wish was to depose judicially on the date scheduled for this, November 12, or as soon as possible, in order to be able to offer the corresponding explanations before the investigative judicial body and expose the reality of the facts, which are far from of those described by Ms. Mouliaá in his false complaintand that may be distorted with the evidentiary procedures carried out throughout the instruction phase,” says the letter, advanced by LaSexta and to which ABC had access.
According to the argument, the incorporation of the lawyer, Carla Vall, to the case is “fraudulent and flawed from the beginning” because the lawyer obtained medical leave on November 7 “and on that date she had not yet been appointed by Ms. Mouliaá or “She was formally represented, so the free choice of lawyer is carried out on a professional who cannot practice law for medical reasons and, therefore, cannot take charge of the procedure.”
«The appearance of a lawyer who is physically disabled to intervene in the lawsuit from the moment of his appearance,” says Errejón’s defense led by the lawyer Eva Gimbernat, to emphasize that in this case “the fraud of law and abuse of rights cry out for evidence.”
He therefore understands that “this search and choice of lawyer has been malicious, since it is intended to postpone the start of the investigation to an indeterminate and unbearable number of weeks”, especially in the case of a person with wide media coverage.
«It is evident that formally appointing, on November 11, 2024, by means of power of attorney, a lawyer in an advanced state of pregnancy and on medical leave since November 7, with an alleged provision for immediate maternity leave, constitutes an obvious abuse of law and fraud of law, and violates, at a minimum, the rights to effective judicial protection without defenselessness, to a process with all the guarantees and without undue delays; and agree to the request of someone who is neither a party to the proceedings nor proves an advanced state of pregnancy, the height of legal nonsense,” he reasons.
In his opinion, the “true purpose” that “underlies” emerges from the statements that Mouliaá herself has made to different media, and has to do with “that the lawyer organizes and coordinates, under her direction, several joint complaints, and thus gaining time” before “the obvious lack of substance in the complaint that has originated this procedure; and the weak and contradictory story of the complainant, according to her countless public statements.”
«We are facing an unprecedented situation, with a sine die paralysis of the training phase. Generating and provoking, on purpose, undue delays, in a process of this media and public magnitude, lengthening Mr. Errejón’s bench sentence, being able to choose from tens of thousands of lawyers that they exercise throughout the Spanish geography that could intervene immediately in the procedure, show bad faith, fraud of law and abuse of rights,” he assures.
“It has not arisen during the processing”
In this sense, he argues that “this situation of temporary incapacity has not arisen during the processing of the instruction, once it was properly presented, but rather its presentation is flawed and adulterated, due to the impossibility of procedural intervention from the beginning». Specifically, he states that he did not formally enter as Mouliaá’s representative before the court until November 11 and that his medical leave is dated the 7th. The problem is that on the 6th, before being in person and having the temporary disability recognized, She already asked to postpone due to her pregnancy status.
For the defense of the former deputy, “what cannot be allowed, with the dangerous judicial precedent that would mean accepting this type of flawed ab initio personations, to delay, in a deceitful way, criminal cases, It is the procedural fraud of appearing with incapacitated lawyers to temporarily process an instruction from the moment of its appearance.”
He considers that this precedent “could be taken advantage of, from now on, both by those investigated and by complainants (among them, those who fear or are convinced that their complaints will not succeed), to paralyze criminal proceedings indiscriminately. And thus unjustly prolong bench sentences and, in this case, also media sentences.
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