Three defendants request the annulment of the investigation
Up to three defendants in the case – the director of the office of former president Carles Puigdemont, Josep Lluís Alay; the ex-deputy Xavier Vendrell and the ex-Secretary of Social Movements, Marta Molina – have requested the annulment of the investigation after detecting a possible error by Manuel García-Castellón in the investigation phase. According to El País, they argue that the judge leading the investigation signed the first act of extension three days after the legal deadline. If this fact is confirmed, the case could fall due to terrorism.
Legal resources presented
The defendants have filed a reform appeal before the same judge and an appeal to the criminal court of the National Court (AN). In addition to the cancellation of the investigation, they have also requested that the charges be dropped. In the brief presented, the accused argue that in the first extension the legal expectations were breached, while in the other extensions no irregularity has been detected.
Possible irregularity in the date
One of the possible errors detected is the date of the first extension. Although the letter is signed by García-Castellón on July 30, 2021, the electronic signature is dated August 2 at 10:01 am. This irregularity, together with other errors in the interviews, could call into question the validity of the investigation.
Antecedent of an annul·lat house
A known antecedent of a case annulled for not respecting the deadlines set in the instruction is the case known as Passarelles, in which the former president of Murcia, Pedro Antonio Sánchez, ended up acquitted. In this case, the extension also came outside the legal waiting period and the Supreme Court declared the proceedings as ‘invalid’.
Possible implications
If the National Court ends up declaring the investigation null and void, a dozen people involved, including Carles Puigdemont and Marta Rovira, would be excluded from the procedure. The defendants were charged in November last year and the case has continued with several extensions.
