Even without a date for the oral view of the 'Emvicesa case', which is not expected to be held until after summer, presumably closer to Christmas than of the Day of Ceuta, the defense of Antonio López, the main defendant, has incorporated into the summarya forensic technological report on the listeners made by the National Police that support the macrocause from the beginning.The opinion warns that “from the absence of conversations and complete and correlative information, the omission of deliberate or accidental information of the information extracted by the Integrated Telephone Interception System (SITEL) is detached at a point between the information obtained and even its deliveryto the court and this expert ".
"It is contrasted that this circumstance that affects audio conversations, audio and messaging recordings SMS, completely decontextualizes the context of the communications that were intended to obtain", so it concludes that "this failure makes theTotal integrity of the information obtained from the Sitel System and the decontextualization of communications, altering their meaning and content ”.
The total recordings collected during the instruction of the case adds more than 100 DVDs
López's defense, who failed in his attempt to challenge the magistrates of Section VI of the Provincial Court of Cádiz with headquarters in Ceuta to integrate the Oral Trial Court, has long been appealing to reasons in a way to free him from the age of 26of jail that the Prosecutor for him asks for the alleged crimes of continuous prevarication, falsehood of documents for author and inductor, continuous bribery, promoter and director of Criminal Organization and continuous money laundering.It also faces a fine of 5.9 million euros and disqualification for ten years.
In his writings she has denounced that the magistrate who instructed the first proceedings "self-attributed" the cause and then authorized the telephone interventions and the home registration that an inspector asked him with whom he maintained a relationship "analogous to marriage".
The expert who runs the report participated in the cases of Diana Quer and Marta del Castillo
In relation to the listening to which he was submitted, his lawyers have not stopped censoring that they were "massive, indiscriminate, prospective, disproportionate and unfounded".Now, in the counterpart from the company 'lazarus', all the sources consulted see “a lot of base” to stagger the maintenance of the recordings as evidence and, with it, the possibility that not only the accusation forbribery, but "the whole case".
"The alleged procedure errors detected, volunteers or accidental, seem in some very rude cases, such as not verifying what identities all the telephone numbers that were ordered to intervene really corresponded," alert knowledgeable sources of the summary that also consider "very relevant"That the Siteel of the Security Forces should produce a series of files of the intercepted recordings without processing or discrimination (what is captured not valid for the ongoing investigation is purified in its analysis, without affecting the original gross).
Media specialist
However, "in the devices that have been given to us, the sequence of the files shows that these are not always correlative and sequential"."The process of obtaining the listening and extraction that is followed within the SITEL listening system guarantees the integrity of the selected information and therefore the absence of duplicate, missing, altered or incorrect," alerts the work directed by theExpert Manuel Huerta, who has participated in cases of great media significance such as Diana Quer or Marta del Castillo.
How to use your tv as a computer monitor https: // t.CO/W01LEQ8GBO
— Eliz - CEO Techfans.co.uk Wed Dec 02 16:49:05 +0000 2020
López's lawyers have also requested the cancellation of the telephone recordings practiced in the proceedings for "lack of proportionality and motivation", as well as because they "injured the intimacy" of the former manager of Emvicesa and dozens of citizens "occupying up to 109 DVDswith hours and hours of improper and illegal access to private conversations ”.
"Of all of them, they have only been subjected to a minimum party requested by the Prosecutor's Office, having remained the rest outside of all judicial control," they denounced their lawyers, which have remarked that "of the dozens of hours of intimacy intervenedThe Prosecutor's Office proposes as a proof of charge just a few minutes ”.
Again the theory of the fruit of the "poisoned tree"
Before receiving the counterpart from 'Lazarus' that alerts alleged procedural failures in the management of recordings made to Antonio López in the frameLegal consulted, the defense of the former manager has already appealed other times to the theory of "poisoned tree" to try to dynamit that fundamental part of the proceedings that are at the origin of everything known later.The first news of the alleged network dedicated to the sale of VPO appeared in a telephone intervention: being "a casual finding" in a listening "that was not communicated to the judicial authority for validation" the dismissal of the actions was requested, the dismissal of the actions was requestedwhat was favorably informed by the Fiscal Ministry and finally agreed."If that news was the first and the lack of judicial validation of the casual finding the viciara of nullity, it should be projected above all those actions derived from it," Lopez's defense has been claiming until his last letter.
The keys
Macrocousa
More than 280 years in prison and 54 processed.
The head of the Court of Instruction number 3 of Ceuta dictated almost a year and a half order to open oral trial against 54 politicians, public employees, client captors and individuals for their alleged link to an irregular award network of VPO in Ceuta.
You listen
Base from the beginning.
Telephone recordings, fundamental for the progress of investigations from the zero minute, have been one of the most attacked points by the defense of López, the main accused, both for their authorization and for their reach and, now, by the supposed one "handling ”, whether voluntary or accidental of the result obtained by the system used by the National Police.
Impact
Affectation to the entire cause.
According to the legal sources consulted, the listening is an essential pillar of the ‘Emvicesa case’ and unable to be referred to them as probative evidence not only ‘the accusation of bribery on López would fall’, but much or much or the whole cause.