Judge David Maman ruled that there was no harassment and that the acts of the editor of ‘OKDiario’ were “of very little importance” and limited to journalistic work
The Criminal Court of Madrid has acquitted the accused of allegedly harassing the twin children of Minister Irene Montero and former Vice President of the Government Pablo Iglesias in 2019. In a sentence, Judge David Maman considers that the actions of the digital journalist ‘ OKDiario’ Alejandro Entrambasaguas “did not constitute a crime, since neither the acts themselves, nor the way in which they were executed, nor their number nor the time period in which they were carried out, allow us to consider the existence of harassment” against the minors, who were then 17 months old.
The head of the Criminal Court number 30, in an 11-page sentence that can be appealed before the Provincial Court of Madrid, explains that although the conduct of the accused “generated a very relevant concern for both the caregiver and the parents of the minors, there are no circumstances to convict him of harassment “, as claimed by the Prosecutor’s Office and the private prosecution. The parties requested one and two years in prison, respectively, a temporary restraining order and a fine.
The oral hearing was held last Wednesday and in a week Judge David Maman has dispatched the legal dispute in six pages of legal grounds. Despite the testimonies of the caregiver, the couple’s escorts or the parents themselves, who confirmed the “harassment” and the feeling of “persecution” of the Eduardo Inda digital journalist, the sentence does not see these facts as sufficient to punish The accused. Nor does it estimate that the complainants had to change their routine “several times” for security due to the repeated presence of the journalist.
“Very relevant” concern and intrusiveness
The resolution explains that despite the “notable effort” made in plenary by both the Public Prosecutor’s Office and the private prosecution to demonstrate the contrary, “there is no typical harassment, although the facts themselves generated a very relevant concern both the caregiver as well as the parents of the minors”.
In relation to the latter, he continues, “it is perfectly understandable that they felt alarmed by the presence of the journalist, because he could reveal data such as the location of their children’s nursery, which could affect the tranquility and security of both of them”.
However, he concludes, “this alarm that certainly caused a change in their state of mind and that led them to reinforce protection at the police level to prevent the safety of minors, did not originate so much in what the accused journalist did, acts of very little importance and that they did not exceed in the execution of their work, but in their consideration of an intruder ».
That is, from a person who had accessed the building where the nursery was located, “thus breaking the confidentiality of the location data of the complainants’ children, which they wanted to preserve at all costs.” The events took place between November and December 2019 in Galapagar (Madrid), the town where the Iglesias-Montero family resides, who have already announced an appeal before the Madrid Court.