The Balearic Islands Judiciary refuses to drop the investigation against the judge in the Kursk case.

The Supreme Court of Justice of the Balearic Islands (TSJIB) has refused to drop the investigation, which it is openly pursuing against Manuel Penalva, a judge responsible for investigating an alleged police network set up to maintain the King’s business. Night Morkel sailing, Bartholomew Kursk. The magistrates thus rejected the former instructor’s request for revocation, given that the investigation against him for alleged misconduct during the Cursach’s business investigation was based on “illegal actions” and “radically void”.

In particular, the former magistrate – the General Council of the Court (CGPJ) agreed to retire in July last year, at the age of 54, due to permanent disability – provided access to the summons of two journalists. The case involved Cursach, as well as police intervention in their cell phones to investigate certain leaks related to the case, measures that were recently ruled against by the Constitutional Court and which, Penalva said, led to the launch of a macro case against former investigators. “Based on data and information obtained from these invasive and illegal activities” by the Morkor magnate.

Now, the Balearic Islands High Court has rejected – again – Penalva’s claims, saying a recent constitutional decision – which it deems to have violated the two informants’ right to an effective judicial protection by not giving them an appeal against an order authorizing a search. Their phones – do not affect the investigation of the former judge. The Court recalls in fact that the link between the seizure of the mobile phone and the ongoing investigation against Penalva was already “absolutely out of the question” when the TSJIB rejected one of the first requests for annulment made by the former magistrate in June 2020.

In its order, which elDiario.es had access to, the Chamber of Civil and Criminal Justice argued that an investigation had been launched into an alleged illegal practice committed during the investigation of Kursach’s case – including the disclosure of alleged information. The case, which was kept secret, began “long before”, before any action was taken against the journalists, so “investigative elements were already available” pointing to certain people, such as Penalva and former anti-corruption prosecutor Miguel Angel Subiran, among others. others.

He also emphasizes that the “violation of fundamental rights” assessed in the TC ruling, in any case, affects the journalists themselves in order to legitimize the redress for the violation of the rights declared by the court. Appearing in their case so that they could appeal the orders for which they were harmed – only applies to those who have suffered it, at the behest of informants.

According to the anti-corruption prosecution and several private allegations, the magistrates stress that initial testimonies of suspicion against Penalva, Subiran and the four money laundering police officers with whom they worked on the Kursach investigation were not obtained. Phones of journalists. It is not in vain to recall that already on August 3, 2017 – October 26, 2018, the telephone lists of informants were obtained and on December 11 the listening of telephones – several members of the money laundering informed the press about the alleged leak. That his group was carrying out and the “extreme reaction” that occurred when they learned that an investigation had been launched into such revelations.

But, first and foremost, the court is plentiful, it was the result of the arrest of two police officers of money laundering on December 18, 2018, and the analysis of one of their cell phones – equipment that was voluntarily handed over to both of them. Authorized access to its contents – as a WhatsApp chat called Operation Sancus appeared – was open to four members of Penalva, Subiran and Blanqueo while they were in charge of the Cursach case.

As Madrid anti-corruption prosecutors Thomas Herans and Fernando Bermekho claim, the National Police and up to thirty private prosecutors, the conversations revealed will reveal alleged alleged coordinated action by a judge, prosecutor and police, allegedly to pressure witnesses. Arrests unlawful acts and deliberately extends the imprisonment of several persons under investigation in the Kursach case to substantiate their charges. The discovery of such practices prompted the judge, who was then investigating the alleged leak, to expand the investigation into new crimes, including inclusion in a criminal group, illegal detention, changing evidence, coercion and encouraging false testimony.

The court thus rejects the former Judge Penalva’s claims and, as it has done in previous similar cases, obliges the former magistrate to pay the costs incurred after his annulment request, as well as those who complied with his request, i. Four police officers were also investigated in this case for money laundering.

Following the TSJIB decision, Penalva and four money laundering officers – two inspectors, a sub-inspector and an agent – are waiting to find out whether they should go to court only because of an alleged leak, or – as requested by Madrid prosecutors and private prosecutors – sit on a bench. For the most serious crimes for which they were investigated: unlawful arrests, disclosure of secrets, debauchery and professional treachery.

Similarly, the indictments say former prosecutor Subiran, who has been temporarily charged with post-traumatic stress disorder, should be tried – which he says will prevent him from being granted bail, in the sense that he can defend himself against the charges against him. He performed while in charge of Kursach’s case and recalled the events in which he could have participated.

In parallel, the macro trial against Kursach and 22 other defendants is set to begin on June 13, most of them local managers and police officers from Palm, who allegedly abstained from sexual services, drinks and drugs in exchange for sponsorship. Cursach Group businesses and punishing its competition. Prosecutors are seeking more than 100 years in prison for all of them. Based on an investigation conducted by former judge Penalva and former prosecutor Subiran, anti-corruption officials accuse them of integrating the alleged extortion conspiracy and treating it with goodwill, while the defendants appeal to dismiss their case in a scenario such as that of the defense. An Unusual Rule of Law in Judicial History. ”