The first session of the trial against David Sánchez, brother of the Prime Minister, took place this morning slowly. Sánchez arrived at the Badajoz Court, where he is being tried for alleged crimes of influence peddling and malfeasance, at 9:40 a.m. He got out of the car, put on his blazer, and entered the Palace of Justice calmly.
The session began punctually at 10:00 a.m. with the presentation of preliminary issues raised by the lawyers of the 11 defendants, who detailed the reasons why they believe this trial should not take place: violation of fundamental rights, prospective investigation, statute of limitations, lack of standing of the popular accusation, and even the recusal of the Court judges for “lack of impartiality.”
The most anticipated intervention was that of David Sánchez’s lawyer, who stated that “the root of this process is rotten” because the case was initiated by Manos Limpias “with press clippings.” Furthermore, the lawyer argued that the investigation was conducted “prospectively,” since “the investigating judge, not finding the evidence she sought, ordered the investigation of the emails of nine people over seven years.”
The defense of Pedro Sánchez’s brother also delved into the possible statute of limitations of the crimes attributed to his client. Sánchez is accused of having accepted a management position as coordinator of the conservatories of the Badajoz Provincial Council, which according to the accusation, was created specifically for him by the then president of the entity, Miguel Ángel Gallardo.
The defense lawyer believes that, if that crime occurred, it would have been consummated in June 2017, when Sánchez signed the contract to join his new job, and that, consequently, as it is a “minor offense,” it would be time-barred. The lawyer also responded to accusations against David Sánchez for not attending his job: “In this country, not going to work has never been a crime,” he concluded.
Additionally, the defense presented new evidence, including some videos recently published in the press, from the PSOE Federal Committee on October 1, 2016, when Pedro Sánchez resigned and left his position as party secretary-general. For the lawyer, these videos have a double probative effect. The first concerns dates. The defense wants to prove that when David Sánchez’s position was prepared, in mid-October 2016, his brother was no longer the PSOE leader and, therefore, there could be no nepotism. The second is that the PSOE leaders in Badajoz did not support Sánchez in that Federal Committee and, consequently, were not aligned with him and had no reason to favor his brother.
The case prosecutor joined the defense’s requests and asked for the trial to be nullified. She also considers that the crime was minor and time-barred. Meanwhile, the seven private accusations, including the PP and Vox as well as the associations Hazte Oír and Manos Limpias, insisted that the process must continue, considering that the investigation was “impeccable,” that there was no prospecting but “investigation,” and that it is no longer the procedural moment to invoke the statute of limitations.
The Court rejected the recusal request made by two of the defense lawyers. Regarding the rest of the preliminary issues, it scheduled the parties for next Monday at 9:00 a.m. By that day, it will have ruled on the defense’s requests and it will be known whether the trial is annulled, as the defense lawyers seek, or if it continues, as the accusations propose.
If it proceeds, the trial will extend beyond June 4, the initially scheduled conclusion date. The participation of so many lawyers, 40 witnesses, and the eleven defendants makes it inevitable that this process will be delayed until mid-month. The two main defendants, Sánchez and Gallardo, will testify on the last day. Then the trial will be ready for a verdict that will determine if, thanks to his kinship, David Sánchez obtained a management position in the Badajoz Provincial Council.
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