The Supreme Court has suspended this Tuesday the trial of the deputy of the CUP Eulàlia Reguant for “an error” in the processing of the case. The seven magistrates who were going to judge Reguant for refusing to answer Vox’s questions when she was summoned as a witness in the trial of the process They have agreed with the defense of the deputy, who, at the beginning of the hearing, has alleged that her rights had been violated because the Supreme Court had to take up the cause as soon as Reguant acquired the status of appraised after being elected deputy of the Parliament, in March 2021. However, the Madrid court that instructed the case from the beginning continued to process it and even issued an order to open an oral trial, despite the fact that it was no longer competent to do so.
The Supreme Court agreement implies that the high court must appoint an instructor to take charge of the case and take it back to the moment it was when Reguant was elected deputy. And it will be this magistrate who must decide whether the case is dismissed or opens an oral trial, once the Prosecutor’s Office resubmits its indictment, but this time before the Criminal Chamber, and not in the Court of Instruction 10 of Madrid as it did the previous time.
Reguant has sat on the bench this Tuesday accused of a crime of serious disobedience because three years ago she was summoned as a witness in the trial that was held in the Supreme Court against the leaders of the process and refused to answer the questions of Vox, who exercised the popular accusation. The court imposed a fine of 2,500 euros and sent his case to court, since witnesses are obliged to testify and tell the truth. But Reguant was then mayor of the Barcelona City Council, so his case was referred to an ordinary court. However, in March 2021 she was elected a regional deputy and acquired the status of appraised, which, as the high court has now admitted, should have meant the immediate end of the first judicial investigation and the opening of a case in the Supreme Court. However, the court issued the order to open the oral trial and the Prosecutor’s Office presented its indictment and, only later, the case was sent to the Supreme Court to be tried there.
The nullity of the proceedings for having violated the procedure was one of the previous questions raised by Reguant’s lawyer, Daniel Amelang, in the first minutes of the trial, but it was the only one in which the Prosecutor’s Office agreed with him. “In case of late elevation, the jurisprudence of the Supreme Court is very restrictive, decreeing the nullity, but the Prosecutor’s Office believes that in this case some irrefutable limits have been exceeded that cannot be corrected”, admitted the representative of the public ministry, who has warned that the order to open an oral trial against Reguant, who was already qualified at that time, could only have been issued by a magistrate of the high court. After listening to both parties, the court has withdrawn for 30 minutes to deliberate and has ended up agreeing to suspend the hearing “in order to maximize guarantees.”
The deputy and her lawyer have applauded the decision of the magistrates upon leaving the Supreme Court, although the defense has assumed that the trial will be held again “in a few months.”
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