September 18, 2020

The SAT leader is acquitted of the crime of insults for a joke by Albert Rivera that hinted at cocaine use


Óscar Reina, general secretary of the Andalusian Union of Workers (SAT), has been acquitted for the joke he spread on Twitter about Albert Rivera, former leader of Ciudadanos, in which his cocaine use was insuaded, according to the judgment of the court of Penal number 25 in Madrid that the Diario.es has been able to consult. The magistrate acquits the trade unionist of the crime because she considers that there is an insult in the comment, “fallacious” and based on “a mere rumor lacking any basis to demonstrate it”, but not of a serious nature, which is the crime.

The SAT leader refuses to admit that he insulted Albert Rivera about cocaine use:

The SAT leader refuses to admit that he insulted Albert Rivera about the use of cocaine: “It was just a joke”

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The origin of the conflict is a comment published by Óscar Reina on his Twitter profile on February 5, 2018, in relation to the traffic problems that in those days occurred on several roads from Barcelona, ​​Madrid or the Valencia Region due to the snowstorm.

“Last minute information. All the traffic jams are over because of the storm, the freeways have come up with a magnificent and free idea: they have given free rein to @Albert_Rivera and the company @CiudadanosCs so that they put all the white into the nose. Humor in the face of corruption, “says the tweet.

The then president of Ciudadanos claimed a total of 15,600 euros to the unionist for the tweet, with which Rivera’s defense denounced that it is “clearly and directly expressed” that the politician “consumes cocaine”, for which he accuses him of a crime of insults with aggravating publicity. Óscar Rreina rejected the preliminary ruling offered by the politician’s legal representation, for which he had to admit that he insulted him and had to apologize, so the trial was held on December 12.

Offensive innuendo, but not serious injury

The magistrate who has prosecuted the case points out that the “fallacious” nature of the comment was recognized by the defense of the Andalusian trade unionist at the trial, and therefore concludes that the conduct “does not constitute a lawful exercise of the fundamental right to freedom of expression with respect to to a person who was occupying a public office and, therefore, is not justified by the predominant value of said freedom. ”

The judge describes the tweet as “offensive, objectively vexatious or shameful insinuations”, which are “impertinent to express opinions or information on any matter of public interest or relevance, they are not adverse opinions or revelations of circumstances of the profession of the affected and, even personal, that can be annoying but are demeaning expressions in themselves “, the sentence collects.

However, Reina’s defense argued that the comment was “a non-serious offense, which should obtain satisfaction, where appropriate, before the civil jurisdiction” and not criminal. It is in this argument in which the magistrate agrees with the defense of the unionist and for which she acquits Reina, also assuming the legal costs of office. Rivera asked that the SAT leader pay the costs for her “reckless” behavior, which in the judge’s opinion does not exist either.

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