The Second Section of the Audiencia of Navarra held a hearing on Wednesday to decide on the possible entry into prison of the five members of La Manada, behind the judgment of the Superior Court of Justice of Navarre that ratified the past day 5 the sentence to nine years of prison for a crime of sexual abuse with prevalimiento. The decision will be known in a few days, expected after the new year, as confirmed by judicial sources to this newspaper.
Both the convicts, the victim and the indicted accusations announced that they would appeal to the Supreme, where it will be decided whether it is rape or abuse or an acquittal will be issued. Meanwhile, the five members of the Pack are on bail.
The prosecutor asks to enter prison to understand that "once confirmed the sentence of nine years in prison, the non-modification of the so-called facts proven by the Superior Court of Justice in deciding the appeal and the special characteristics of the appeal make it necessary to ensure compliance with this sentence of nine years in prison. "
The two lawyers of the victim have shown on arrival at the Palace of Justice of Pamplona his confidence that the convicts of those convicted by the sexual abuse committed in the Sanfermines of 2016. The lawyer Carlos Bacaicoa has declared that the arguments of the defense that there has been a breach of law and breach of form have "no support".
Bacaicoa considers that "there is no possibility of modifying the judgment of the TSJN in favor of the accused" when the case reaches the Supreme Court. "The modification that we hope will happen will be qualifying the facts as aggression and even condemning them for crimes against privacy."
For his part, the lawyer Miguel Ángel Morán, after expressing his "hope" that the accused re-enter prison, has explained that at the hearing they have presented the same arguments as at the June 18 hearing, but now "reinforced by the sentence "of the TSJN. Morán has hoped that, on this occasion, the three judges of the Second Section will change their criteria and the condemned will no longer be on probation and return to jail.
The defense lawyer
Agustín Martínez Becerra, lawyer of the five members of La Manada, has stated that "there is no possibility of entering prison." Speaking to reporters after the hearing, which lasted 40 minutes, Becerra said that "there is little to say taking into consideration that there is no argument provided by the prosecutor or the particular accusations that may prove that we must modify" the June 21 order that "made it perfectly clear, and it is also the jurisprudence of the Constitutional Court, that, while the pendency of the trial exists, that is, while the sentence is not final, the provisional prison must become exceptional" .
In addition, Martinez Becerra has considered that, on the part of the public prosecutor and the accusations, "frankly pilgrim motives are adduced". The accusations, he added, have alleged "frankly pilgrim motives", such as Antonio Manuel Guerrero allegedly tried to take his passport in Seville, "something that has been resolved by the court that was not true, but it is still adduced as a circumstance that It implies that there may be a risk of flight. "
He has also reproached that "a conviction for a light crime of theft is adduced" to Ángel Boza that "if it had to affect someone, it would affect one." "La Manada is not being judged here, five individual people are being judged, each one with its corresponding personal situation and personal circumstances," he remarked.
Both the accusation exerted by the City Council of Pamplona as for the Government of Navarre they consider that the provisional detention of the members of La Manada is appropriate because there is a risk of flight.
On the part of the Consistory, the lawyer Víctor Sarasa has considered that "the risk of flight has increased in the last months". There have been "circumstances that come to change in a certain way the situation that occurred in the months of May and June," so it must proceed "to a change in the personal situation of the accused."
The condemned will follow the vistilla by videoconference from Seville. The lawyer of the five, Agustín Martínez Becerra, like the rest of the representatives of the pardoned parties, follows the view from Pamplona.