This past March 6, Judge Adolfo Carretero rejected the appeal for reform filed, at the end of February, by the defense of Íñigo Errejón against the instructor’s decision to maintain the actress’s accusation, despite the threat to withdraw it that she carried out, as LA RAZÓN has learned from sources familiar with the case.
Given this, the aforementioned sources confirm for the first time to this newspaper that the next step of the former politician’s lawyer has been to appeal to the Provincial Court of Madrid with the intention that this be the one to revoke the decision of the head of the Court of Instruction number 47 of Madrid. The objective is to bring closer the completion of the case for a crime of sexual assault.
The aforementioned legal sources explain that it will, therefore, be the Fourth Section that will decide, before the prosecution of Errejón, whether to endorse Judge Carretero or, on the other hand, validate the document that Mouliaá presented in court requesting the withdrawal of his complaint against the former parliamentary spokesperson for Sumar.
A scenario that is not ruled out, given that the authority higher than the instructor can understand that the decision on a criminal accusation is a very personal, non-delegable and exclusive right.
And, therefore, unlike what Judge Carretero understood, he would not consider fundamental the fact that the actress had not corrected in her resignation letter the absence of the mandatory signatures of both her lawyer, Alfredo Arrién, and the attorney who represents her. Or that she had not, as the instructor stated, finally “ratified” her intention to end the proceedings before the court.
The period in which the deliberation by the Madrid Court on this new allegation by Errejón’s defense is expected to take place is “two or three weeks”, as calculated by the sources consulted.
It must be taken into account that, if the Madrid magistrates finally accept Mouliaá’s attempted withdrawal as valid, the resolution regarding the prosecution of Errejón ordered by Carretero would still be pending.
We must not forget that, in that case, the existence of an accusation that demands the opening of an oral trial for sexual assault against the former politician would still persist. The one promoted as a popular accusation by the lawyer Jorge Piedrafita, on behalf of the Association for the Comprehensive Defense of Specialized Victims (Adive). In his qualification letter, he requested a sentence of three years in prison for continued sexual abuse.
In this scenario, the so-called Botín doctrine would come into play, consecrated by the Supreme Court in 2007, which established that it is not mandatory to place someone in the dock only if the popular action so requests, with the criterion against the Prosecutor’s Office and the individual, who should demand a dismissal in both cases.
In the present process, the prosecutor in the case chose to request the file and not support that Errejón be tried for sexual assault of the interpreter, understanding that there is not enough evidence of criminal action.
For its part, the thesis defended by Errejón’s lawyer, Eva Gimbernat, is that the Law of Criminal Procedure (LECrim) indicates that the alleged victims of a crime, who once duly informed of their right to appear in the proceedings, “have consciously and voluntarily waived it, cannot appear to be a party again in the case, nor exercise criminal actions that have been expressly waived.”
In that letter dated February 6, Mouliaá even showed his intention to “definitely withdraw” from the private accusation against the co-founder of Podemos, alleging “strictly personal and health” reasons related to the “sense of exposure and wear and tear” suffered during the process as he was the only complainant.