The court has dismissed to suspend the trial of the case Osasuna, as the defense of former director Juan Pascual had said on Monday, and has argued that there has been no "effective, real and material impairment of the right of defense" that could justify this suspension.
The court has thus responded to the previous question raised in the morning, at the start of the trial, Pascual's lawyer, a question to which several defenses have joined.
According to Pascual's lawyer, the investigating court failed to comply with article 784.1 of the criminal prosecution law, which establishes that, after the oral trial, the judicial secretary will summon the accused, with delivery of a copy of the indictments, so that within three days he appears in the case with a lawyer who defends him and an attorney to represent him. Pascual's lawyer has assured that this procedure has not been fulfilled in the case of his client.
The court of the Second Section of the Hearing has pointed out that "it is true that the prosecution law provides for personal notification of the order to open the oral trial, but there is also a series of data that cannot be ignored. "Thus, he pointed out that" Mr. Pascual Leache was already in the case before the opening of oral trial "and has argued that since April 16, 2015 there was a providence" considering the professionals of their free choice. "
"Therefore, it is assumed that both solicitor and lawyer are people of his absolute confidence and we have not been told anythingonga the performance issue of this agent who may have affected his right of defense, "he said.
In addition, the president of the court has stated that "no material defenselessness has been alleged" and has indicated that, in any case, the nullity must be denounced "at the first moment that it is detected and not raised as a prior issue in the trial." "We understand that it is a defense tactic, totally legitimate, but in the absence of an effective, real and material impairment of your right of defense, this request cannot be accessed," he said.