The Audiencia of Gerona has decreed freedom without bail for Jordi Magentí, the only defendant for the death of Marc Hernández and Paula Mas in the Susqueda reservoir on August 24, 2017, and who was in preventive detention for 9 months, reports the Superior Court of Justice of Catalonia (TSJC).
The Fourth Section of the Hearing has upheld the appeal filed by the lawyer of Jordi Magentí against the order of November 2 of the court number 2 of Santa Coloma de Farners (Girona) and has agreed to release without bail, prior withdrawal of the passport and with prohibition to leave the national territory until the end of the procedure and with the obligation to appear on the 1st and 15th of each month – or the next skilful – before the examining court.
In his order, the Court notes that the Third Section agreed to maintain Magentí's provisional detention because there was still a relevant evidence to be carried out as a result of the entry and search made at their homes.
Thus, "a search for biological samples was carried out using the orientation test of blood with luminescent reagent", but "This evidence, which could have been definitive for the purposes of determining the complainant's authorship, has been negative, given that the DNA remains found on the appellant's clothing do not correspond to the DNA remains of the victims."
On the 11th, at the hearing for this appeal, Magentí's lawyer again requested that he be released on the grounds that the thesis of the accusation that had kept him in prison for nine months was "extraordinarily weak" and based only on in signs.
The accusations, which opposed the request of Magenti's lawyer, They reaffirmed that the entire investigation incriminated and questioned them by the relatives of the victims that the alleged killer had not yet declared, despite claiming their innocence.
This was the second hearing for the same reasons, since last April the Third Section concluded that there was a "solid and sufficient evidence base" against Magentí and dismissed the petition.
The lawyer of the defense, Benet Salellas, insisted on showing his doubts about all the conclusions that the investigators had reached since the crimes occurred.
Given the criticism of the defense, the prosecutor said that all possible suspects were investigated and that "the only one without an alibi" is Magentí.
For his part, the lawyer for the families, Carles Monguilod, said that they believed that the investigation was "on the right track" and insisted that they were surprised that "those who claim their innocence have not asked to be heard."
The lawyer of the popular accusation, on behalf of the towns where Marc and Paula were, also recalled that Jordi Magentí has his wife in Colombia, where he was going to live, so the risk of flight was still in force.