The Court of Instruction No. 3 of Badajoz has rejected the appeal for reform filed by the Public Prosecutor’s Office against the order in which David Sánchez, brother of the President of the Government, and the president of the Provincial Council of Badajoz were summoned to testify as being investigated, Miguel Ángel Gallardo.
Judge Beatriz Diezma scheduled the statements of Gallardo and David Sánchez for next January 9 for alleged crimes of influence peddling, embezzlement and prevarication.
In an order dated this Wednesday, November 11, the judge has rejected the appeal of the Prosecutor’s Office, to which David Sánchez’s lawyer had joined, and confirms the resolution of November 27 in all its aspects. According to the judge, “no defenselessness has been caused to those investigated, since they have had and have punctual knowledge of everything instructed, being able to access the procedure in its entirety”
“Including – he adds – the analyzed emails, since the secrecy decreed in the separate pieces that were initiated for the seizure of said emails subsequently analyzed by the Central Operational Unit of the Civil Guard, and containing the description of the events object of the procedure in each of the resolutions that have been issued.” Which, says the judge, “have been notified personally to each of those affected by them and with sufficient advance notice to prepare their defense.”
The judge also clarifies that the summons “does not mean, in application of the principle of presumption of innocence, that that person has committed a crime, or even that he or she is going to be accused of it, but rather that the Investigative Court’s function is to and must investigate all facts that may constitute a criminal offense.”
The Badajoz Prosecutor’s Office appealed the indictment order considering that the specific facts of accusation against each of those investigated were not determined.
The order of this December 11 also indicates that “having filed a subsidiary appeal with the reform appeal, said appeal is admitted with a single effect (refundive, not suspensive).” That is to say, although the magistrate rejects the appeal for reform filed by the Prosecutor’s Office, she does admit the appeal on a devolutive basis, which means that the Provincial Court has to rule on the terms set out in this order.
The operative part indicates that in accordance with the provisions of article 766.4 of the criminal procedure law, before notifying the other parties in person, it gives the appellant a period of five days to formulate his allegations, indicate the particulars that must be be witnessed for referral to the Provincial Court for resolution of the appeal and can present, where appropriate, the supporting documents for their requests.
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