Anti-Corruption Refuses to Annul Open Case Against Judge Who Investigated Kursach

The anti-corruption prosecution is opposed to the dismissal of an open court case against Manuel Penalva, a judge who spent almost three years investigating an alleged police network set up to protect the business of Mallorca’s nightlife businessman, Bartholomew Kursk. Now the former magistrate has demanded the cancellation of the investigation, which is investigating alleged violations committed during the investigation of Kursach’s case, given that they are based on “illegal actions” such as – he claims – access to a list of two people’s calls. Journalists covering the macro-event as well as the seizure of cell phones.

This is a claim that Penalva has already made before and which has been categorically rejected by the High Court of Justice of the Balearic Islands (TSJIB). The former judge is now relying on a recent ruling by the Constitutional Court that ruled that both informants’ right to effective judicial protection had been violated by not allowing them to appeal an order authorizing the confiscation of their equipment. The former Cursach case instructor said the wiretapping sparked a macro-investigation against Penalva, former prosecutor Miguel Angel Subiran and four members of the National Police for money laundering based on “data and information obtained from invasive and invasive people.” Illegal. ”

However, in the face of such allegations, Madrid anti-corruption prosecutors Thomas Herans and Fernando Bermekho, who appeared in a trial focusing on former judges and police officers – Subiran’s case was temporarily filed after the post-traumatic stress charge. That an investigation into the role of all of them was launched “before any investigative action was taken against the journalists” and recall how a few months ago, in August, several members of the National Police’s money laundering team said their group had leaked information about Kursk’s case, even though it was secret. It was a secret.

In the letter, which was accessed by elDiario.es, Heranz and Bermégio also noted that the National Police report of 12 September 2018 – the mobile phones were removed on 11 December – already described in detail the existence of “evidence”. “Important enough” facts that were then investigated, that is, the alleged disclosure of confidential data related to an open macro case against a New York tycoon. Circumstances forced a judge investigating the leak at the time, Michael Florit, on October 26 – at the request of a money laundering group – to authorize a list of calls from journalists to establish a similar origin. Revelations.

In this regard, the anti-corruption agency emphasizes that the sources of evidence in the alleged violations of Penalva’s alleged investigations “are not related to the rulings on which the Constitutional Court has ruled”. Contrary to the former judge’s assertion, he notes that this happened as a result of the arrest of two police officers in a money laundering case and the analysis of one of the cell phones they handed over. Their phones and voluntarily allowed access to its contents – for example, the existence of a WhatsApp chat, which revealed the alleged commission of numerous crimes by former investigators of the Night King of Mallorca.

(Will be an extension)