David Sánchez appeals nine-year disqualification sentence for abuse of office
The president's brother challenges the Provincial Court of Badajoz ruling, arguing he was convicted because of his political connection rather than on the basis of evidence of guilt.
Appeal against administrative abuse of office conviction
According to elpais.com, the legal defence of David Sánchez, the president of the Government's brother, has filed an appeal with the Superior Court of Justice of Extremadura against the nine-year disqualification sentence handed down by the Provincial Court of Badajoz. The submission seeks the annulment of the ruling and his acquittal of the administrative abuse of office charge related to irregularities in his hiring at the Badajoz Provincial Council in 2017.
In the 104-page appeal, the defence argues that his client's constitutional rights were violated, including the presumption of innocence, access to justice, privacy and secrecy of communications. Solicitor Emilio Cortés contends that David Sánchez was charged not because of his conduct but because of his brother's political position, and emphasises: "This prejudice does not mean he orchestrated it, because there is no passage in that ruling offering any sign that this was the case."
The defence insists on the inconsistency of convicting someone of administrative abuse of office who was acquitted of the offence of abuse of influence, which formed the core of the investigation. The court unanimously dismissed the abuse of influence charge, an offence that the prosecution and the defence teams had requested all the accused be acquitted of. The private prosecution, led by the PP and Vox, instead requested sentences of up to six years in prison.
Cortés criticises the lack of reasoning in the sentence: "There is no argument proving beyond reasonable doubt" that David Sánchez consciously participated in the processing of the application for his position. He also emphasises that his client is a musician, "which makes him unlikely to be an expert in law," questioning the technical understanding that could have been attributed to him in administrative procedures.
The defence also questions the entire investigative phase under judge Beatriz Biedma, denouncing an "unmistakable pattern of prospective investigation that is absolutely intolerable." It criticises the prosecution for basing its case on "genuine journalistic falsehoods" and an alleged work absenteeism that does not constitute a criminal offence. During the trial, prosecutors emphasised David Sánchez's absences as evidence that his position was created for him and tailored to his preferences, but several council officials denied these absences categorically during the oral hearing.
Source: Google News ES — Crime (es)