The Provincial Court of Madrid has decided confirm acquittal of the OkDiario reporter accused of harassing the two children of Irene Montero and Pablo Iglesias in the vicinity of their home in Galapagar, as well as the woman who was taking care of them at that time. The judges affirm, among other things, that the fear felt by the two politicians It was not because of possible harassment, but because the reporter for Eduardo Inda's digital “could discover and subsequently provide information on the place and manner in which minors are cared for” and that this would put the children's safety at risk.
Both the two politicians and the Prosecutor's Office brought Alejandro Entrambasaguas, a reporter for the digital OkDiario, to the bench of the criminal courts, accusing him of having harassed his two young children and the woman who took care of them on several occasions under the pretext of seeking information. . He would have done it both in the park where they went for a walk and in his own home, calling the telephone, and asking for information from the neighbors in the area.
The criminal court decided to acquit him based on various arguments. The first, that the caretaker of the children had not reported and therefore could not be convicted of this harassment. The second, that the two children were so young that they could not perceive any harassment. The third, that the reporter was looking for information about an alleged irregularity in child care that was never found and therefore never published.
The Provincial Court of Madrid has just endorsed these arguments and has confirmed the acquittal of Entrambasaguas, in a ruling that can still be appealed to the Supreme Court. In the first place, the judges analyze that the reporter "does not materially carry out any of the behaviors contained in the indictments." He says that, with respect to Pablo Iglesias, he only crossed paths on one occasion "trying to go unnoticed" and that he had "no contact" with Montero.
About her children, some babies at that time, the judges explain that she did not have any kind of contact either and the caretaker of the children never appeared in the process. It is clear to the judges that the reporter "does not want to carry out any action that could be understood as harassment or against the appellants, with respect to whom he tries to go unnoticed, which he knows is difficult since the security personnel have identified him in the area. much less against minors. He did not identify himself as a journalist, but the judges say that he did not have the opportunity to explain himself since no one wanted to talk to him.
The fear that both Iglesias and Montero felt and recounted in the trial and led them to denounce the facts, according to the judges, does not come from the possibility that Entrambasaguas caused any harm to their children. It comes, according to the sentence, because the journalist "can discover and subsequently provide information about the place and way in which minors are cared for." The judges say this based on the statement of a police officer who stated that "what they were concerned about is that the accused could spread images or addresses, or that his presence would have a knock-on effect with the risk that third parties could approach minors" .
In other words, according to the Provincial Court, the problem was not an infringement on the freedom of minors that did not occur, but rather that Iglesias and Montero thought "that if they published information in this regard, its disclosure could pose a danger to the safety of the children or of the plaintiffs due to the possible action of third parties, without it being proven that any information was finally provided.”