Judge Vicente Magro There will be no rapporteur in the review Supreme Court penalty for alleged cheating PGOU of Alicante nor will he be part of the chamber that decides whether the hearing should be canceled and retried, as the Court recommends. Anti-Corruption Prosecutor’s Officelater became president Provincial Court Between 2001 and 2016, he withdrew from the case for “objective impartiality” reasons, having previously intervened in the process, which disqualifies him from appealing.
Apparently, the magistrate would have been warned about this. 68 volumes There are at least two decisions bearing his signature that establish the procedure.
That’s why Magro just presented abstention report Only five business days after the parties are notified that objections to the sentence condemning the sentence have been processed. Luis Alperi, former PP mayor of Alicante And businessman Enrique Ortizfor both of them bribeand was acquitted among others former popular councilor Sonia Castedo He is accused of corruption crimes.
With the acceptance of the three appeals filed (two convicts filed an appeal as well as the Anti-Corruption), the date set for discussion and decision was announced as next February 20, and the composition of the hearing room was announced. consists of judges Andrés Martínez Arrieta, Antonio del Moral, Carmen Lamela, Eduardo de Porres and Vicente Magro, this time as a speaker.
Everything changes when Magro abstains. With an order notified to the parties this Wednesday, the Chief Judge of the Second Chamber Manuel Marchena, It reports on Magro’s abstention report, removes him from the case, suspends the designated appointment, and leaves the appeal pending for date, hearing, and presentation.
More delay
An unexpected situation that will delay the final say in this case for several more months has left Brugal, where the trial is held on whether popular politicians gave confidential data on the urban planning of Alicante. privileges. They sat on the bench nine were charged with corruption offences.
Sentence handed down by judges at the Alicante Court two years ago Cristina Costa, Margarita Esquiva and Montserrat Navarrothe latter received only two fines for bribery as a speaker: 6 thousand euros to Alperi to pay for the private jet he traveled on. Crete already 18,000 euros to Ortiz for giving him a jacket Carolina Herrera To Castedo.
The rest of the defendants are acquitted. Besides the former councillor, his brother and his partner, a brother and an employee of the Alicante developer and two other businessmen, one from Elche, were also cleared of the crime.
Requesting the annulment of the decision and the retrial of the case in another court, the Chief Public Prosecutor’s Office of the Supreme Court of Appeals states that, in addition to other grounds of appeal, the public accusation detailed up to Article 12 continues. 57 irregularities PGOU was processed and some were not even mentioned in the decision.
Muted compatibility
This is in addition to the fact that the agreement signed by Ortiz, his brother, and an employee with the charges was not reflected in the verdict (in addition to what was publicly available, Town hall as an individual and EU popularly) admitted the facts in exchange for a reduced sentence that guaranteed they would not go to jail. An agreement they withdrew from shortly before the oral hearing began.
The prosecutor’s office also addresses the characterizations launched by the Alicante court against the indictment, describing it as “lack of specificity, general and confusing.” On the contrary, they state that some observations were not noticed by the court, which could have been corrected by considering the writing to be good.