The defense of David Sánchez, brother of the Prime Minister, Pedro Sánchez, has filed an appeal against the sentence that condemned him to nine years of disqualification for a crime of administrative prevarication, linked to his hiring at the Diputación de Badajoz.
In the brief sent to the High Court of Justice of Extremadura (TSJEx), his lawyer, Emilio Cortés, argues that the procedure was based on an alleged “prospective investigation” and asks for his client's acquittal.
Violation of fundamental rights
The lawyer alleges the violation of fundamental rights to effective judicial protection, the presumption of innocence, the secrecy of communications and privacy, and states that the entire judicial file has been based on an investigation he describes as prospective.
“There is no argumentation whatsoever that proves beyond all reasonable doubt” that David Sánchez participated in the process of promotion, preparation and processing of the file by which his position as coordinator of the conservatories of Badajoz was created, the appeal states.
Criticism of the origin of the instruction
In a brief of more than one hundred pages, Emilio Cortés questions the beginning of the instruction as a result of the complaint filed by Manos Limpias, based, he explains, on journalistic information.
“The mere publication of information in the media cannot justify without further ado the opening of criminal proceedings for investigation,” the lawyer argues, if the complaint or lawsuit that incorporates them “does not provide or offer any indication of its commission that can be qualified as accessible and rational,” in reference to a ruling by the Supreme Court.
The appeal adds that none of the accusations contained in the complaint, including unjust enrichment, fraud, embezzlement, illegal exactions or crimes against the Public Treasury, “resisted a minimum of investigation.”
The defense's thesis
According to Emilio Cortés, “based on the bait of non-existent labor absenteeism” on the part of David Sánchez, “the floodgates are opened” to promote a judicial investigation that, in his opinion, “can only be rationally considered as prospective.”
The lawyer also insists that the imputations against David Sánchez are based on his family ties with the head of the Executive, stating that the judicial argumentation is built “because of his brother's political status,” Pedro Sánchez.