It questions the legality of the house search of the young fraudster in October 2014 and the intervention of his mobile phone in the first session of the trial, in which the Prosecutor’s Office asks him for almost ten years in prison
Francisco Nicolás Gómez Iglesias returned to a hearing room on Monday as a defendant, this time for allegedly being part of a police plot to obtain information from individuals in databases of the Ministry of the Interior in exchange for money. In the fifth of the trials held against the young man – three sentences have ended with light prison sentences in the first instance although they have been appealed – his defense requested the annulment of the case for violation of fundamental rights.
The lawyer for ‘little Nicolás’, from whom the Madrid Prosecutor’s Office claims nine years and nine months in prison for crimes of integration into a criminal group, discovery and disclosure of secrets and bribery, among others, considered that the order of October 14, 2014 for which the so-called procedure “is not sufficiently motivated” is given rise.
As Juan Carlos Navarro explained to the court of the Madrid High Court, said resolution that protected the entry and search of the apartment of Gómez Iglesias, on Maudes street in Madrid, and the dumping of data from his mobile phones, must be declared null and void, because affects the right to privacy, the inviolability of the home and the secrecy of communications. The Prosecutor’s Office expressed its opposition because “there is no data that allows us to understand that the investigation was illegal.”
Before beginning the trial, which will continue this Tuesday with the testimonies of the defendants, Gómez Iglesias, 28, tried to show “tranquility.” «He makes sunny. We’re ok. Wishing it would end, that instead of ‘Little Nicolás’ I’ll be ‘Medium’ or ‘Big’”, he said jokingly. In total, the convicted person accumulates eight years and two months in prison in three cases.
In addition to Gómez Iglesias, the Prosecutor’s Office is demanding eight and a half years in prison for the municipal police officers Jorge González and Felipe Gallego, two years and eight months for the civil guard Francisco Javier Sánchez, and a fine of 4,500 euros for the former Security coordinator of the Madrid City Council, Emilio García-Grande, for a crime of violation of secrets.
According to the judicial investigation, the ‘modus operandi’ “was always the same”: one or more of those investigated were provided with vehicle registration plates, telephone lines or identification numbers. Immediately afterwards, taking advantage of their status as municipal agents, they proceeded to extract the required information from said databases and provided it to Francisco Nicolás in exchange for promises and financial remuneration.
The Prosecutor’s Office maintains in its accusation that the data related to the license plates were used in some cases by “El Pequeño Nicolás” to contact the license plate holders, “whom he led to believe that he was related to different agencies and authorities of the Public Administrations and offered their help to make arrangements with them, with the sole purpose of obtaining money in exchange for an intermediation that, in reality, was fictitious.
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