The holder of the court of instruction number 28 of Barcelona has ruled out reopening the investigation that filed in his day on Alleged irregularities in the liver transplant of French ex-footballer Eric Abidal, as requested by the Office of the Prosecutor.
According to legal sources have informed Efe, after requesting their opinion to the parties, the judge has agreed to shelve the open cause on the transplant, without agreeing the new diligence that the Prosecutor proposed to him to undergo a medical examination to a cousin of the exfutbolista in order to check if he was the living donor of the transplanted liver.
In her car, the judge considers that there is no new evidence to justify reopening the investigation, which she filed last April and that stemmed from conversations intervened to the former president of FC Barcelona Sandro Rosell in the cause of money laundering that instructs against him the National Court, which pointed to an alleged illegal purchase of the liver.
Last August, the prosecution asked the judge to reopen the case on the transplant to Abidal and to issue a European order to submit a medical examination to the cousin of the international footballer, in order to check if it was the donor of the liver that was transplanted to the defense in 2012.
However, the judge reasons in her writ that this procedure would not be successful, since in France the sale of organs does not constitute a crime and this would prevent the imputation of the cousin of Abidal, indispensable to force him to undergo a medical examination.
In addition, the magistrate stresses that all the medical documentation that the Clinical Hospital provided at the time, and that the Prosecutor's Office questioned why the copy of the donor's passport was missing, is in order, according to the same sources.
The public ministry requested the medical examination of Abidal's cousin, on the understanding that this test would be determinant for the investigation, in which he sees evidence of the crimes of organ trafficking and falsification of documents.
Last July, The National Transplant Organization concluded that the liver transplant from a living donor to Abidal "was carried out in accordance with the law" and good clinical practice, after reviewing "each and every step of the process", although He announced that if the case were reopened, it would appear as a private accusation.
As well the Clinical Hospital of Barcelona, where the transplant was carried out, has defended that the process was practiced with all the guarantees.
In the police wiretaps to which Rosell was subjected in the framework of the investigation on money laundering, for which he is in preventive detention by order of the National Court, the former president of the Barca club spoke with one "Juanjo", who commented that "They bought an illegal liver" from Abidal when he relapsed from cancer, so he could be transplanted in April 2012.
After receiving the report with telephone interventions, the judge opened an investigation and, ex officio, required a series of documentation related to the transplant and a rogatory commission to France to clarify the circumstances of the liver donation by a doctor. cousin of the soccer player, who resides in that country.
Once the information was received, the judge closed the investigation on the transplant, not seeing evidence of crime, which the public prosecutor did not oppose at that time.