The Superior Court of Justice of Madrid (TSJM) annulled the decision appeal of the Madrid public prosecutor’s office against the sentence which acquitted the dancer Rafael Amargo of an offense against public health and guarantees that the court will cancel the wiretapping at the origin of the case.
This is indicated by a judgment to which Europa Press had access and against which an appeal is possible to the Supreme Courtin which the magistrates of the Civil and Criminal Chamber reject the appeal filed by the Public Prosecutor’s Office against the decision of the Provincial Court by which the artist, his producer and another accused were acquitted.
Rafael Amargo faces nine years in prison for a notorious crime against public health, just like his producer Eduardo de Santos. The acquittal took place despite the Chamber finding that The minimum conditions required by law to accept the interference with the secrecy of communications have not been met, Consequently, the telephone intervention of the persons investigated requested by the police and accepted by the investigating court was declared null and void.
The magistrates considered that the objective basis which justified the decision request for telephone interventions It was “insufficient to consider that the measure was proportionate in view of the elements on which the agents based their suspicion of having committed an offense against public health”.
In the resolution, the Chamber of the TSJM declares that “the defects in motivation and the insufficiency of the evidence from which the resolution by which they were authorized by the Court of Instruction the first telephone interventions, “This completely weakens the incriminating value of the evidence, to the point of nullifying its constitutional coherence.”
“The Court of First Instance subjected the initial order to the appropriate level of requirement, moving away from permissive canons when it came to ensuring the protection of an authentic fundamental right just like the secrecy of communications,” he said.
Thus, she underlines, “once the aforementioned incriminating elements are excluded from the body of evidence, the doctrine of the alleged link of illegality contaminates other evidence derived from that initially produced”. “These two circumstances, resulting from a rigorous understanding of the criminal guarantee, as well as the effective protection of fundamental rightsprevent us from delving deeper into what the accusation maintains; “They prevent us from getting to the bottom of the facts,” he adds.
Main test
The telephone interventions and the testimonies of the National Police investigators were the main evidence available to the prosecutor to support his accusation. Investigators and the Madrid Public Prosecutor’s Office maintain, unproven facts, that Rafael Amargo and Eduardo executed “group purchases” intended to finance the work of “Yerma”a point that the accused deny because a minimum of 100,000 euros is required.
In her report, the prosecutor stated that movement of people in Rafael’s apartmentsecond on the right of number 4 of La Palma street, at the time of the facts investigated, was accredited by the testimony of agents of the National Police.
The representative of the public prosecutor mentioned the telephone tapping that took place between August and November 2020 during which there was talk of quantities of drugs which exceed self-consumption and which determine their notorious importance – punishable by 6 to 9 years in prison – citing a conversation in the it one person asks for around 500 tablets and another in which Rafael says he wants a kilo of meth.
