Former Real Sociedad president Iñaki Badiola has appealed the sentence of ten years and eight months in prison imposed on him by a court in San Sebastián for various crimes of insult and defamation that spread anonymously from two Twitter accounts against different politicians, judges, journalists and a media outlet.
The resolution ensured that Badiola He used these accounts, between 2017 and 2018, to “bring out” facts such as his removal in 2008 from the Presidency of the Royal Society, having been judicially declared “guilty” of the bankruptcy in which the club, and falls into various files opened against him by the Provincial Treasury.
The sentence gave “full credibility” and “probative value” to the investigations carried out in the Ertzaintza case which, as one of its agents said at the trial, made it possible to determine who was behind the mentioned Twitter account is Badiola with “99.9%” security.
For this reason, the 268-page appeal presented today by Badiola, to which EFE has had access and to which the Court of Gipuzkoa must preside, a large part of its efforts to discredit the Ertzaintza investigations that gave way here to be linked to the above accounts.
In this way, the appeal maintains that the reports of the Basque Police “should not be considered as expert evidence” and “their results should not be taken into account”, since they were “obtained through an unsafe method and lacking a minimum technical-scientific reliability”.
“It’s okay”
The source also maintains that the reports of the Ertzaintza are based on “mere speculations” and lack “scientific” and “reliability”, while seeing in them “pure intuitionism” and “voluntariness” to “assume” the by way of “thinking” online that the aforementioned Twitter accounts correspond to the ex-realist president.
Among the 33 grounds for appeal included in the appeal, the defense also considers that the right to the presumption of innocence of his client has been violated, understanding that it is not possible to “extract adverse consequences from the silence of the accused” during the trial, where He limited himself to answering a question from his lawyer to deny any connection to the aforementioned Twitter accounts, exercising his “fundamental right” to maintain “silence” in the rest part of the hearing.
There is no “hard evidence”
The document also highlights “the fact that neither Twitter nor the US authorities” responded to the requests for information made by the Spanish justice system because they did not consider their requirements “sufficiently established”, which in the other side requires, in their opinion, that “reliable proof of the account owner’s identity” is not obtained.
The appeal also resists the idea that the facts constitute criminal types of crimes of defamation and insults where Badiolaindicates that the compensation granted to the victims was granted “arbitrarily”, and states that the fines imposed were for a “wrong motivation” in addition to being “completely disproportionate”.
Source: La Verdad
I am Shawn Partain, a journalist and content creator working for the Today Times Live. I specialize in sports journalism, writing articles that cover major sporting events and news stories. With a passion for storytelling and an eye for detail, I strive to be accurate and insightful in my work.
