The Superior Court of the Balearic Islands once again charges the prosecutor who investigated Cursach
Miguel Ángel Subirán, the prosecutor who for several years put the magnifying glass on the alleged mafia network hatched around the nightlife businessman Bartolomé Cursach, is being investigated again as a result of the alleged irregularities committed during the investigation of these investigations. The Superior Court of Justice of the Balearic Islands (TSJIB) has revoked the dismissal that the president of this judicial body himself decreed more than a year ago for Subiran after the prosecutor alleged that he was not in a position to defend himself with guarantees in due cause to post-traumatic stress disorder.
The president of the Superior Court of the Balearic Islands concludes that the judge and the prosecutor who investigated Cursach did not manipulate witnesses
Know more
The decision generated an avalanche of resources from the Anti-Corruption Prosecutor's Office and from the private accusations in the case, which investigates the role played by the former prosecutor as well as by the former judge Manuel Penalva while investigating the activities of the Majorcan tycoon. And it is that, as the judges of the Superior Court now argue, Subirán would be able to remember the events in which he would have intervened and respond to the accusations made against him.
By means of an order to which elDiario.es has had access, dictated after two new forensic reports determined that Subiran could testify without problem and submit to criminal proceedings, the magistrates have finally agreed to revoke the provisional file of his accusation, without detriment, they specify, of the new medical examinations that should be practiced.
The judicial resolution gathers the main conclusions recently exposed in both reports, one of which underlines that Subiran has sufficient cognitive abilities to understand both the judicial procedure and the procedural position that it occupies in it, its importance and the consequences of its result, time that abounds in how, by themselves, the symptoms and mental health of the former prosecutor "do not significantly prevent him from being able to defend himself or diminish his ability to discern what benefits or harms him."
The opinion goes further by pointing to the existence of "signs or indications of simulation" in the symptomatology referred to by the investigated as well as a "pattern of manipulative behaviors". In this regard, the authors of the reports explained, during the appearance they made last Friday before the TSJIB, that the results of the simulation test to which he was subjected at the time will rise "are outside of what was expected and, in the case of being real, they are very unusual.” The experts stated that the symptoms exposed by the former prosecutor "are not real, both concluding that he was simulating," the order abounds.
During his statement, the coroners assured that they did not believe that Subirán could have "difficulties in understanding" the questions that could be asked in oral proceedings "nor that he would be blocked when answering them."
Both the former judge Penalva and Subirán and four money laundering police officers – two inspectors, a sub-inspector and an agent – with whom both collaborated side by side in the Cursach case are now waiting to find out if they should go to trial for the alleged illicit practices that they would have committed when they were investigating the entertainment businessman and dozens of policemen, who supposedly helped to run their business.
