Sumar’s former spokesperson, Íñigo Errejón, filed an appeal before the Madrid Provincial Court against the order of Judge Adolfo Carretero who temporarily suspended the trial due to the situation of “temporary incapacity” of the lawyer for Elisa Mouliáa, who is about to give birth.
In the letter to which laSexta had access, Errejón accuses Mouliáa of having filed “a false complaint” against him and attributes “bad faith”, “fraud of the law” and “abuse of rights” to the “delay misleading” of the procedure and “unjustly his prison sentence” while the lawyer, Carla Vall, is on maternity leave.
According to him, this maneuver aims to “generate and provoke, voluntarily, unjustified delays, in a process of such media and public magnitude, by lengthening Errejón’s sentence” when he could choose “among tens of thousands of lawyers who practice throughout the Spanish territory. geography that could intervene immediately in the procedure”. In this sense, the document includes several statements by Mouliáa in which he indicated that the objective was to present “a collective claim” against the former leader of Sumar.
“What cannot be allowed, given the dangerous judicial precedent that would imply accepting this type of appearances ab initio, to deceptively delay criminal cases, is the procedural fraud consisting of appearing with lawyers who are temporarily incapable of carrying out an investigation from the very moment of his appearance, which could now be exploited both by the persons investigated and by the complainants (among them, those who fear or are convinced that their complaint will not succeed), to paralyze and thus indiscriminately prolong criminal proceedings.
unjustly received sanctions on the bench and, in this case, also sanctions against the media”, explains the appeal.
Errejón’s defense, represented in the case by lawyer Elena Gimbernat, also points out that Mouliáa’s lawyer obtained medical leave on November 7, even though “she had not been designated” as the lawyer. ‘actress and “that she was not formally in person”. It is therefore understood that “the free choice of lawyer is made by a professional who cannot practice law for repeated medical reasons and, consequently, can only take charge of the procedure after having completed his leave of absence. maternity ward, as announced”. “Fraud of the law and abuse of rights require proof,” he adds.
From his point of view, “attempting to prolong this unprecedented and unprecedented procedural vacuum agreed by the instructor” in which Errejón would remain for at least four more months is “legally and humanly unacceptable”. “The bad faith is indisputable; and the abuse of rights is indisputable”, he adds before adding that the former deputy of Sumar wishes to testify “as soon as possible in order to be able to offer the corresponding explanations before the judicial body of investigation and expose the reality of the facts.”, which “are very far away” from those described by Mouliaá in his “false complaint” and which “may be distorted by the evidentiary procedures carried out throughout the investigation phase.
