April 14, 2021

A canary denounces the judge for accumulating 9 months with a preventive wristband – La Provincia


A neighbor of Santa Cruz de La PalmaDavid Garcia has filed a complaint against the holder of the Court of First Instance and Instruction number 1 of said city for an alleged crime of prevarication. The reason is that said citizen has been investigating a case of gender violence over his ex-partner for more than nine months. And then the victim denounced him for breaking the sentence following insults that have not been corroborated by any evidence or a witness, according to legal sources close to the defense.

The complainant explained to the Court that there were nine witnesses who could prove their explanations. However, so far, the defendant does not know the name of any of them. As a precautionary measure, the aforementioned judge ordered to put a defendant a telematic bracelet that is activated when the man is less than 100 meters from his ex-partner and that alerts the security forces, specifically to national police officers attached to the Comet project.

David García recalls that the cause in which he is involved has not been declared complex, that is, that his instruction should have lasted, at most, six months. Nevertheless, It has been more than nine years without significant progress and with a precautionary measure that is based exclusively on the testimony of the complainant. During that time, the only people who have declared in the Court of First Instance and Instruction number 1 of Santa Cruz de La Palma have been the accused, the victim and the mother of the latter.

Turn around

Regarding the mother of the woman, she explained in court that once she and her daughter came across the defendant, but that he, when he saw them, turned around and walked away from them. That is, he did not try to intentionally approach the victim, but quite the opposite. One of the problems facing David García is the surface of Santa Cruz de La Palma. With a population of about 15,000 inhabitants, it is clear that it cannot move around half the city, because the bracelet sounds. In fact, he claims that it sounds even when he is inside his home. In that sense, he feels he has a great limitation of movements. So far, the bracelet has sounded on a hundred occasions and many of them when you are in your bedroom.

Painted with the letter “Z”

One of the arguments put forward by the ex-partner before the judicial authority was that on one occasion the letter “Z” appeared on the facade of the building where he resides. However, according to legal sources of the defense environment, the woman could not explain why she believed that word referred to her, since, on the one hand, other neighbors reside in the property and, on the other, neither the complainant not even other citizens of the place could see the person who painted the letter.

David’s legal environment has presented two writings of procedural impulse before the aforementioned court in which he claims the removal of the telematic bracelet. One such document was filed on October 18 and the other on November 19. In both, he stated that there is no evidence to prove the denounced facts. In addition, sources from the respondent’s environment report that there are also no open lines of instruction that lead to a possible ratification of evidence. So far, none of the writings have been answered by the judge.

The denounced man considers that since March he has lived an unbearable life, although he has been granted joint custody of his two children, aged 14 and 11, with whom he resides periodically. He explains that what he has to suffer for ten months is “worse than hell.” He says that a precautionary measure that should last six months has been extended by more than nine, without solid evidence. He regrets that the judge who is carrying his case has only “begun to move” in recent weeks, being aware that he had been denounced.

The bracelet does not stop ringing

Indicates that, when residing in a city like Santa Cruz de La Palma, to make a journey that would normally last three minutes, you must now take a route that takes 15. The bracelet sounds when you are in your own home, it is That is, without having made the slightest movement to try to approach your ex-partner. And that instrument is activated at half past two or five in the morning, when you sleep in your bed. He warns that this situation is more complicated if his children stay with him that night. Then, as it is mandatory in these cases, National Police agents assigned to the Comet project explain: “Gentleman, you are in an exclusion zone!” If he moves a few meters to avoid waking any of his children, the officials warn him and he has to clarify why he has moved in just 30 seconds.

Since he has the instrument he cannot go to the cinema in the palm capital, since the projection rooms are also in an exclusion zone. And if it passes along the Maritime Avenue it also sounds, so it has to circulate very fast along that route. In case you need to go to your bank branch without having any problem you must travel six kilometers. And, more than once, inside a supermarket he has had to leave the car full of food and run away because his ex-partner enters the establishment. And another curiosity is that it has sounded during a brief stay in the neighborhood of El Toscal, in Santa Cruz de Tenerife. And so he explained it to the police officers.

From his point of view, he goes through these and other situations “without evidence, neither an insult nor an aggression” to the complainant. Among the documentation that David García has submitted to the judicial authority is an email in which the complainant states: “You know what I can do and if I have to do it again I will … They will believe me and it will be you problem, because the police will believe me, so shut up because you take a cell. “

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