Palma de Mallorca
The second instructor in the Cursach case, the judge Manuel Penalvaas well as the prosecutor Miquel Angel They will rise and four national policemen will be finally prosecuted as alleged perpetrators of the crimes of revealing secrets, omission of the duty to prevent crimes and omission of the duty to promote the prosecution of crimes, some offenses that supposedly would have committed in the framework of the investigation of the first section of the Cursach case.
So decided yesterday through a car the magistrate of the Superior Court of Justice of the Balearic Islands (TSJIB) Carlos Gomez. In his resolution, the magistrate does not see indications, on the other hand, of other possible crimes that were attributed at the time to the Penalva judge and the prosecutor Subirán, such as belonging to a criminal group, illegal detentions or false complaints. The aforementioned order of Judge Gómez – elected two months ago as the new president of the TSJIB – is not final and can be appealed.
It should be remembered that the Cursach case essentially investigates the existence of a alleged plot of police, political and business corruption, whose alleged promoter would be the Mallorcan magnate Tolo Cursach, who for decades was the main businessman in the Balearic nightlife sector. The key to the aforementioned plot would be that, presumably, Cursach would have had for years the “protection” of police officers, political officials and officials, that would have favored their businesses and would have harmed those of the competition in exchange for gifts and gifts. For his part, Cursach has always denied the existence of such a possible plot.
The investigation of what is now generically known as the Cursach case was initiated a little over five years ago by the judge Carmen Gonzalez, who left the cause for a change of destiny. Next, Judge Penalva and the prosecutor Subirán took over the case. Later, in March 2018, Penalva would be removed from the case for “Loss of appearance of impartiality”. Penalva’s substitute at the head of the Cursach case investigation became the judge Miquel Florit, who took over the various separate pieces that were then already underway. However, Florit also had to drop the case, being prosecuted last year for ordering the requisition of two journalists’ mobile phones. In the subsequent trial, Florit was acquitted. The Cursach case is currently being handled by the judges Antoni Garcías and Enrique Morell.
A complex case
As regards Judge Penalva and Prosecutor Subirán, they began to be investigated in 2018, after Judge Florit had opened a specific piece to inquire about the alleged journalistic leaks which would have occurred on several occasions in the framework of the Cursach case investigation. The aforementioned specific piece was opened after previous complaints filed by Cursach and one of his collaborators, Bartomeu Sbert, also investigated in the Cursach case.
From then on, Internal Affairs agents began an investigation to try to find out who would have been behind the possible leaks to the media. The first suspicions fell on the former Laundering Group of the Palma National Police, whose members carried the burden of the investigation of the Cursach case for years. The aforementioned unit was always in permanent contact with Judge Penalva and with the prosecutor Subirán. In fact, at the time, up to three groups of shared “whatsapp” were created, in which there was regular exchange of comments and information.
Within the framework of this complex investigation, in December 2018 the former head of the Laundering Group and an agent of said defunct unit were arrested for the alleged crime of revealing secrets. After availing themselves of their right not to testify, both were released on charges. Later, two other former agents of the Laundering Group were also arrested, specificallyor an inspector and a deputy inspector from the National Police, who were arrested in Madrid and Palma, respectively. The reason for the arrest was the same, an alleged revelation of secrets. Hours after their arrest, both officers were also released on charges.
Finally, in April of last year, the Internal Affairs agents who were investigating the origin of the alleged journalistic leaks in the Cursach case gave Judge Florit a first report, in which it was noted that Judge Penalva and Prosecutor Subirán could have committed the alleged crimes of belonging to a criminal group, illegal detention, false report, disclosure of secrets, coercion and threats, among others. That first police report was then followed by others in a similar vein. “However, in some of the reports, the object is not a specific prior police or judicial investigation, but rather the actions of those now being investigated are analyzed cross-sectionally in relation to certain witnesses who testified in a plurality of direct criminal instructions or indirectly linked to the Cursach case, “explains Judge Gómez in the aforementioned order made public yesterday.
As has already been indicated, finally the TSJIB has now only seen signs of three possible crimes in the performance of Penalva, from Subirán and the four policemen also investigated in the framework of the investigation of the first section of the Cursach case.