The magistrate of Court of instruction n°19 of Madrid did not admit as evidence the messages from WhatsApp that it was one of the trainees who sent it, HEto the head of production of the musical Nacho Cano. This decision represents a turning point in what is known as Malinche affairbecause it was one of the main pieces of evidence proving the alleged “blackmail” of one of the plaintiffs against the theater producer.
On September 16, Cano gave the instructor these messages, exchanged between December 14 and 23, 2023, where the young woman, 28 years old and of Mexican nationality, demanded that the former singer of Meccano A letter of recommendation, €5,350 deposited into the bank account of his mother in Mexico and payment for your stay, including meals in a hotel or inn, until January 15, all “as compensation for damage“.
However, the judge considers that “the documentary provided is considered irrelevant for the investigation of the facts which are the subject of this procedure”. This chain of messages, also described as “useless”, was at the origin of the complaint of conditional threats (blackmail) and revelation of secrets filed by Cano against the former fellow.
According to the complaint to which he had access SPANISHthe musician’s legal representative believed that she “tried to blackmail” Cano “into complying with her demands”, otherwise they would be “very wronged, both him and the rest of his family”. 17 Mexican scholarship holders“.
“My lawyer says this request will cost less than a trial,” threat the young woman in said messages. If they agreed, she committed to “Take all your belongings out of the hostel the moment payment is settled.” pay“I don’t know anything about her anymore. “I always sign whatever they ask me, as long as it doesn’t harm my career or my person, and that’s it, they don’t hear from me anymore. of me. I guarantee it,” he wrote in the aforementioned WhatsApp conversation.
The evidence is inadmissible and the investigation continues to determine whether Nacho Cano brought tourists.camouflaged‘ as musicians for the musical Malinche.
“It should be recalled that, following the investigations carried out by the Immigration Group of the Central Police Station of Madrid which appear in the police report, this Court agreed to carry out investigative procedures to clarify the facts, including the declarations of the 17 dancers, classified as injured, and the request for reporting to the Labor Inspectorate and the Social Security Treasury”, we can read in the order.
“The evidence is relevant”
For its part, the defense of Nacho Cano, in conversation with SPANISHconsiders that this evidence is “absolutely relevant, useful and relevant” because it proves, according to him, that LO “formulates a false complaint when the conditions of his blackmail are not accepted, and this false complaint is what gives rise to the current criminal proceedings”.
“We are comfortable in the defense regarding the two crimes which are the subject of investigation and we will be able to prove that there is neither incitement to illegal immigration nor crime against workers, qualified as “exploitation”,” says the defense. “Regarding the inadmissibility [de los WhatsApp]we are not going to formulate a call for reform, which would ask the instructor herself to resolve it, but we will an appeal to the Provincial Court“.
Concerning the impact that this decision could have or, ultimately, a definitive inadmissibility of the evidence, the defense is calm. “From the point of view of criminal procedure It’s not that they leave us without arguments or instruments for defense. On the contrary. “We have a series of documents and arguments that demonstrate why neither of these two crimes took place.”
