The defense of Íñigo Errejón, Sumar’s spokesperson in Congress until October 24, asked Judge Adolfo Carretero to “not being a person” as a private accusation to the actress Elisa Mouliaá, who that day filed a complaint against him for alleged sexual assault, which has not yet been ratified.
About a month has passed since Carretero opened the procedure, Errejón has not yet been able to give his version. There is also no date for him to do so, as the judge decided on November 11 to suspend all proceedings, as requested by Mouliaá’s lawyer, Carla Vall.
The decision to paralyze the trial is being appealed to the Madrid Provincial Court by the defense of the former deputy of Sumar, who maintains that Vall blocked the process. “in violation of the law” since she knew, even before her appearance, that she would not be able to intervene due to her advanced state of pregnancy and subsequent maternity leave.
On November 13, Carretero summoned Elisa Mouliaá as a private prosecutor under Vall’s judicial direction. Errejón’s defense appealed this reform decision, considering it void.
“Mouliaá legalized a lawyer on November 11 on sick leave for four days (November 7) and, therefore, incapable and unable to take charge of the processing of this criminal procedure “ab initio” [desde el principio]”, he explains.
This “makes this designation of lawyer null and void and impossible to accept by the trainer, from which arises the obligatory requirement of a new designation of qualified lawyer to be able to practice, ‘ipso facto’. [en el acto, inmediatamente]defense of the interests of the complainant.
According to him, Vall’s appointment “has neither validity nor legal effects, so that a lawyer incapable, temporarily and indefinitely, of practicing law, cannot be designated as appointed.”
Errejón’s defense emphasizes that Vall’s temporary disability situation did not occur during instruction processingonce correctly personified, but that “its personification and designation are imperfect and adulterated, due to the impossibility of procedural intervention, from the start”.
The appeal maintains that the appointment of this lawyer was “malicious”already intends to postpone the start of the investigation “for an unspecified number of months”, until, as Mouliaá told the media, he “organizes all the accusations” supposedly existing against Errejón.
He mentions, in this regard, that the law establishes that “in all types of procedures, the rules of good faith will be respected” and that judges will reject claims formulated “with a manifest abuse of law”.
“Procedural fraud”
This is what, according to him, is happening in this case, a “clear abuse of law and procedural fraud” consisting of formal appointment of a lawyer following indefinite sick leavewith the impossibility of intervening from the start in the procedure “with a view to (and achieving) its ‘sine die’ paralysis”.
Íñigo Errejón’s defense asks the judge not to formally bring Elisa Mouliaá to court as a private charge “until there is appoint a lawyer of your choice who can take over immediately of the legal direction of their interests within the framework of this procedure”.
For these purposes, he requests that Mouliaá “be required to appoint a new trusted lawyer within a maximum period of 24 hours or to appoint a lawyer ex officio”.
