The defense of the entertainment tycoon Cursach demands his acquittal alleging that he never had an impartial judge
The businessman Bartolomé Cursach (on the right) before the trial for the 'Cusarch case', at the Provincial Court of the Balearic Islands, this Monday.
The businessman Bartolomé Cursach (on the right) before the trial for the ‘Cusarch case’, at the Provincial Court of the Balearic Islands, this Monday.Isaac Buj – Europa Press (Europa Press)

The defense of the nightlife businessman Bartolomé Cursach has demanded this Tuesday the nullity of the judicial investigation and the acquittal of the main defendant and has alleged that his fundamental rights were violated because he did not have “an impartial judge” during the investigation process of the cause for which he sits on the bench of the Provincial Court of Palma. This has been defended by his lawyer, Enrique Molina, during the presentation of the preliminary issues in the second session of the trial that, until April of next year, will prosecute 17 defendants in the largest police corruption plot in Mallorca.

The presentation of Cursach’s lawyer has focused on the complaint of a violation of fundamental rights and lack of specificity in the accusations made by the Prosecutor’s Office in his letter to his client, who faces a request for a year and a half in prison for belonging to a criminal organization and prevarication. The investigating judge in the case, Manuel Penalva, and the anti-corruption prosecutor who handled the matter, Miguel Ángel Subirán, are about to sit on the bench of the Superior Court of Justice of the Balearic Islands for various crimes allegedly committed during the investigation process, such as threats to witnesses and prevarication.

In his intervention this Tuesday, the lawyer Molina has broken down the chronology of the case and has narrated episodes that, he has said, put on the table “a lack of impartiality” of the previous judge, such as the fact that he never accepted the proceedings proposed by the defenses, allowed Cursach to be classified as a dangerous criminal in the Palma prison or transferred him to a jail in Alicante “to separate him from his family”. “The violation of the right to have an absolutely impartial judge and the assistance of an absolutely impartial representative of the public prosecutor’s office in the processing of the case leads us to a complicated situation at this time,” Molina stressed, defending that the only possible way out now it is the acquittal of the investigated motivated because the investigation “was vitiated with manifestly spurious interests.”

The lawyer has also argued that none of the indictments, neither from the Prosecutor’s Office nor from the private accusations, attributes a specific behavior to Cursach. “Mr. Cursach is never, ever mentioned in the first conclusion. The name of Bartolomé Cursach Màs does not appear. And if he does not appear or refer to any behavior, what is he accused of? ”, He asked on the air. The businessman’s defense has also used part of his exposition to question the participation of the particular accusations that he, he considers, can only be added to the prosecution’s proposals.

Rejection of helplessness

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In its reply, the Prosecutor’s Office has tried to throw down the arguments of the businessman’s defense. Tomás Herranz, the prosecutor appointed by the Attorney General’s Office when the previous head of anti-corruption was removed, has defended that the prosecutor and the judge may be under suspicion, but that does not mean that all their actions are. .

The public ministry has also rejected a situation of defenselessness on the part of the main accused, considering that all the accusations “are perfectly delimited” in the account of the indictment. “The defense is not caused any helplessness. He knows what he is accused of and, as he knows it, he can defend himself. And, therefore, there is no defenselessness” concluded Herranz. The trial will continue in the coming days with the processing of the preliminary questions, which will foreseeably last for several weeks. The court announced that, once this phase is over, they will retire to deliberate and will issue a car in which it will state whether or not the different approaches of the parties are accepted or not.

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