The judge investigating the case of the Tersa incinerator, in Sant Adrià de Besòs (Barcelona), for alleged environmental crime has sent a reasoned statement to the Supreme Court to decide whether to send the Commons deputy in Congress Eloi Badia to trial , reports the EFE agency.
In the letter, the head of the investigating court number 5 of Badalona (Barcelona) has agreed to submit the reasoned statement to the second chamber of the Supreme Court once the status of Badia’s deputy has been confirmed. The now parliamentarian had been a Barcelona Climate Emergency councilor and president of the public company Tersa, which manages the incinerator, at the time of the events.
The case for the contamination of the incinerator, property of the Barcelona Metropolitan Area (AMB) and the municipal company Barcelona Serveis Municipals, began as a result of the complaint that the Barcelona Environmental Prosecutor’s Office presented in March 2022, after receiving a complaint from the neighborhood coordinator Airenet.
In his complaint, the prosecutor accused Badia and the Tersa operation manager of allowing the incinerator not to control the temperature of its emissions in accordance with regulations, which in his opinion could pose “a serious risk to people’s health.” that live in the environment, as well as for the environment in general.”
The investigating magistrate archived the case opened by the Tersa emissions, considering that the incinerator complied with the regulations and that the emissions did not pose any serious risk to health or the environment, in an order that discredited the key report of the Guard Civilian that warned of “anomalies” in the burning of plant waste.
However, the Barcelona Court upheld the appeal of the Prosecutor’s Office, as well as that presented by the Airenet neighborhood association and an individual, and reopened the investigation upon appreciating that, over the years, the polluting emissions from the facility could “ have created a health risk.”
In its order, the Court asked the judge to conclude the investigation and leave the case at the doors of trial, but Badia’s status as deputy required elevating the case to the Supreme Court.
Once Badia’s status as a deputy in the Lower House has been formally corroborated, the judge indicates in her writing that she cannot “carry out any procedural action regarding” the deputy, except for the elevation of the reasoned statement to the Supreme Court.
Badia already declared himself under investigation before the judge in April 2023, when he was a councilor and president of Tersa and had not yet been elected as a member of Congress. In his statement, the deputy defended that the Sant Adrià del Besòs incinerator complies with waste regulations.
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