May 16, 2021

The president of the Superior Court of the Balearic Islands concludes that the judge and the prosecutor who investigated Cursach did not manipulate witnesses

New turn in the case that investigates the judge and the prosecutor who raised the carpets of the alleged police network aimed at protecting the interests of the considered Majorcan night king, Bartolomé Cursach. After the president of the Superior Court of Justice of the Balearic Islands (TSJIB) and instructor of the investigations, Carlos Gómez, dropped the most serious accusations that weighed on both and, three months later, reopened the judicial procedure by order of the Civil and Criminal Chamber of the judicial body, the magistrate insists that neither one nor the other induced protected witnesses to testify in an incriminating sense against policemen and magnate.

The police who investigated Cursach deny having coerced witnesses to incriminate the tycoon

The police who investigated Cursach deny having coerced witnesses to incriminate the tycoon

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On the contrary, Gómez has opened the way to send Judge Manuel Penalva and the four members of the Laundering group with whom they collaborated in front of the Cursach case to trial as a result of the leaks that allegedly carried out to the press while the proceedings were being carried out. They were kept secret as well as for not having carried out any conduct to prevent it. “After the disclosure of the content of these they did nothing to prosecute the crime of revealing secrets,” says the magistrate.

On this occasion, the instructor also frees former prosecutor Miguel Ángel Subirán from the judicial procedure after a forensic report determined that he is not in a position to defend himself with guarantees in the case due to medical incapacity. For this reason, Gómez has filed the case regarding the accused “as long as he does not recover his mental health in terms that allow him to continue the process without diminishing his right of defense” and requests that the Institute of Legal Medicine of the Balearic Islands send the TSJIB parts quarterly reports on his state of health, “Mr. Subirán must appear on each occasion with the documentation generated by the treatment (…) that, if applicable, he continues.”

The president of the highest judicial instance of the Balearic Islands has transferred the accusations – leveled by the Madrid Anticorruption Prosecutor’s Office as well as by some thirty investigated in their day in the Cursach case – so that they can formulate their qualification letter and determine what convictions – circumscribed to crimes related to the leakage of information – they request the judge and the police as a previous step to the opening of oral proceedings.

Dismantle the presumed constraints

In an 83-page order, to which has had access, Gómez once again breaks down the different accusations against those investigated so far and focuses a good part of his analysis on dismantling the alleged coercion exercised on the main witnesses on those who settled the investigations against the main leisure businessman in the Balearic Islands. And, although he does not rule out that they could have committed crimes of false testimony, he asserts that no indications have been found that Penalva and Subirán were aware that they were lying. By detaching the role of these testimonies from the investigative work of the judge and the prosecutor, the magistrate of the TSJIB considers it necessary for an investigating court to investigate whether, indeed, they mendaciously denounced alleged favorable treatment exchanged between businessman and local police.

Unlike the resolution that the head of the TSJIB issued on December 1 to exempt the former investigators of the Cursach case from crimes of prevarication, illegal detention and professional disloyalty, Gómez on this occasion delves into the role that they played Regarding one of the protected witnesses of the case -number 26-, a trilero that moved through the area where several of the leisure businessman’s discotheques are located and that, according to the National Police, Anticorruption and the other accusations, there was been used by Penalva and Subirán, in exchange for procedural benefits in another case, to support their thesis about the alleged parties with police officers held at Tito’s, the flagship of the Mallorcan businessman. Accusations that, until that moment, had only been made by another key witness in the Cursach case.

Faced with such conclusions, the magistrate emphasizes that “the desire of the defendants today [en alusión a Penalva, Subirán y los cuatro policías] that the statements of the protected witness 26 agree and reinforce those of the other witnesses was a logical aspiration of those in charge of an investigation (…) and does not properly constitute an indication of induction to a testimony in a certain sense. ” In his new resolution, Gómez emphasizes that “there are no rational indications of criminality in the proceedings” that allow us to deduce that those now investigated induced the witness to formulate false accusations.


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