The first session of the trial against David Sánchez, brother of the Prime Minister, Pedro Sánchez, proceeded slowly. David Sánchez arrived at the Badajoz Court, where he is being tried for alleged crimes of influence peddling and malfeasance, at 9:40 in the morning. He got out of the car, put on his blazer, and entered the Palace of Justice calmly.
The session began at 10:00 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 magistrates 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 at the request of the pseudo-union 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. David Sánchez, a musician by profession, is accused of having accepted a management position as coordinator of the conservatories in the Badajoz Provincial Council which, according to the prosecution, 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 consequently, since it is a “minor offense,” it would already be time-barred. The lawyer also responded to accusations against Sánchez for not going to his job: “In this country, not going to work has never been a crime,” he concluded.
The court rejects the recusal and agrees to extend the trial until mid-June
Additionally, the defense lawyer presented new evidence. Among them, some videos recently published in the press, of the PSOE federal committee on October 1, 2016, in which Pedro Sánchez resigned and left his position as party secretary-general.
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For the lawyer, these videos have a double probative effect. The first is a matter of dates. The defense wants to prove that when David Sánchez’s position was prepared in the Badajoz Provincial Council, in mid-October 2016, his brother was no longer the leader of the PSOE and, therefore, it would make no sense for Gallardo to have placed him there.
The second probative effect would be to demonstrate that the PSOE leaders in Badajoz did not support Sánchez in that federal committee and, consequently, were not on his side, so they had no reason to benefit his brother David.
The case prosecutor joined the defense’s requests and also asked for nullity. She considers, like the defense, that the crime was minor and has expired. Meanwhile, the seven private prosecutions, including the PP and Vox as well as the associations Hazte Oír and Manos Limpias, insisted that the process must continue because the investigation was “impeccable,” because there was no prospecting but “investigation,” and because it is no longer the procedural moment to invoke the statute of limitations.
At the end of this first session of the trial, the court rejected the recusal request made by two of the defense lawyers. Regarding the rest of the preliminary issues, it summoned the parties for next Monday at 9:30 in the morning. 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 prosecutions propose.
If it proceeds, the trial, which was supposed to end on June 4, will be extended until mid-month. The participation of so many lawyers, 40 witnesses, and the eleven defendants makes it inevitable that this process will be delayed. One of the key witnesses will be Lieutenant Colonel Antonio Balas of the Civil Guard’s Central Operative Unit (UCO), responsible for the reports on which the investigating judge based the decision to seat the Prime Minister’s brother on the bench. His testimony coincides with an ongoing operation carried out by the National Court against a network, allegedly led by the former PSOE organization secretary Santos Cerdán, to sabotage judicial processes and against judges, prosecutors, and police officers, including Balas himself.
The defense lawyers claim statute of limitations, rights violations, and prospecting
Finally, the court will hear the two main defendants, Sánchez and Gallardo. Then the trial will be ready for a verdict that will determine whether, thanks to his kinship, Sánchez obtained a management position in the Badajoz Provincial Council.
