The lawyer for David Sánchez this Wednesday drew a clear line between the court's actions and the political component that, in his opinion, has accompanied the procedure. Emilio Cortés rejects speaking of 'lawfare' on the part of the Provincial Court of Badajoz, although he attributes an "absolutely clear political bias" to the seven popular accusations that have intervened in the case.
The defense will request this Thursday a clarification of the sentence before presenting the appeal against the nine years of disqualification imposed on the brother of the President of the Government as a necessary cooperator in a crime of administrative prevarication.
Cortés considers it "shocking" that the resolution links his client with the allegedly irregular creation of the position and ends up placing his specific participation in the subsequent change of the position's name. The request aims for the magistrates to specify what action by David Sánchez was indispensable for the crime to be committed.
The defense focuses the conviction on the change of the position
The position obtained by David Sánchez in the Provincial Council of Badajoz began as coordinator of conservatories and later came to be called director of the Office of Performing Arts. According to the interpretation defended by Cortés in ‘Espejo Público’, on Antena 3, the ruling attributes to his client an influence over that modification, while leaving out of his criminal conduct the initial creation of the position.
"Everything that has to do with the so-called cronyism is completely alien to Mr. Sánchez in the sentence," the lawyer stated. The defense thus questions the political reading that presents the resolution as a direct conviction for having received a position expressly tailored for the brother of the head of the Executive.
Cortés also disputes that David Sánchez could have known about the alleged administrative illegality of the change. The lawyer recalled that his client is a musician and lacks legal training to determine whether an internal reorganization complied with all legal requirements.
The Court considers that David Sánchez necessarily cooperated in the prevaricating decision. The defense misses a more concrete explanation about the causal contribution that allowed this responsibility to be attributed to him. In ‘Más de uno’, on Onda Cero, Cortés defined the result as a "very bland prevarication, without motive".
The lawyer will present the clarification request within a period of 48 hours. When the court responds, he will have ten days to file the appeal before the Civil and Criminal Chamber of the High Court of Justice of Extremadura. Cortés anticipates that the appeal will be formalized in September due to the August procedural calendar.
A political case, but without accusing the court
The lawyer has avoided endorsing the accusations of 'lawfare' launched from different political sectors after the conviction became known. "I have no objective or accredited reason to think that it is a case of lawfare," he stated on 'Espejo Público'.
Cortés has repeated that position on 'Más de uno' and 'Al Rojo Vivo', on laSexta. His criticism is directed towards the popular accusations, which include the PP, the far-right Vox, and several ultra organizations, and is expressly separated from the actions of the three magistrates who signed the sentence.
The defense considers it evident that the case had objectives that went beyond David Sánchez's criminal responsibility. "I am fully aware that the objective of this lawsuit was not my client, but someone different," Cortés assured.
On 'Al Rojo Vivo', the lawyer accused the parties involved of trying to "compromise the stability of the Government." He also recalled that some of them have publicly demanded Pedro Sánchez's resignation during the development of the procedure.
Cortés described the scrutiny suffered by his client as a "living autopsy" after the investigation examined his assets, his residence in Portugal, his tax situation, and the work performed at the Provincial Council. Several of the crimes initially raised were dismissed, and the court finally acquitted the accused of influence peddling.
The appeal will seek to specify the necessary cooperation
The sentence concludes that the position was created and transformed through arbitrary decisions to favor David Sánchez. It also maintains that the position initially lacked a real need and that part of its functions were adapted to his professional interests.
The court has ruled out, at the same time, that there was sufficient evidence of pressure exerted by Pedro Sánchez, his entourage, or third parties. The resolution also does not attribute any participation in the events examined at the Provincial Council of Badajoz to the Prime Minister.
The defense's appeal will focus on the condition of necessary cooperator. Cortés believes that the sentence explains the decisions adopted by political and administrative officials, but leaves undefined with sufficient clarity what David Sánchez did for those actions to be executed.
The lawyer will also challenge the assessment of the testimonies of the Provincial Council officials. In his opinion, the Chamber discredits several of them for working within a hierarchical administration, while giving greater weight to the conclusions presented by the Civil Guard.
Cortés's position introduces a relevant nuance regarding the political reactions of the previous day. The defense maintains that the case was driven with a political purpose and refuses to extend that accusation to the judges who have issued the conviction.
The sentence is not yet final and the disqualification will not be executed while the appeal process remains open. The defense will register its request for clarification this Thursday and, once answered by the Audiencia de Badajoz, will go to the High Court of Justice of Extremadura.
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