Nacho Cano’s lawyers have presented an Appeal to the Provincial Court of Madrid in which they request the free dismissal of the case upon understanding that “there is no existence of any crime” and as a result of the repeated “abuses of the judge.” , which they claim has been “handpicked”.
In the document, to which Europa Press has had access, the lawyers explain that the entry into Spain of the scholarship recipients for the musical ‘Malinche’ was done as tourists and the request for a study stay is “absolutely legal”, since in 2018 A Royal Decree was approved that modified the Immigration Regulations to allow the processing of study permits from Spain.
“Everything is correct from an administrative and legal point of view for the study stay. Therefore, there cannot be in any case a crime of favoring illegal immigration, which is one of the two crimes that are being investigated,” legal sources explain to Europa Press.
On the other hand, the Appeal states that the interns have no employment relationship with the show and while they were carrying out their “non-work” internships they completed the training course. “The intervention of the scholarship holders in the Musical as part of their internship was limited to certain minutes in some weekend performances, perfectly minuted by the organization independently for each scholarship holder. None of this ever exceeded 3 hours per week,” the legal document points out.
In addition, it is requested to decree the annulment of the National Police report and to provide the report on the police actions of June 27, as well as to carry out an “exhaustive” viewing of the moment of the victims’ arrival at the police station. until his departure.
Likewise, it is required that the Immigration Brigade be notified to send the file on the administrative situation of the complainant Lesly Ochoa and find out if any asylum application has been granted or is in process.
ELECTION OF THE JUDGE
Nacho Cano’s defense also denounces that he has been “surprisingly” assigned to the judge who is also instructing the proceedings against the partner of the president of the Community of Madrid, Isabel Díaz Ayuso.
The lawyers affirm that the police report was taken on paper to the dean’s office so that the official “could alter this distribution, assigning the judge they want and not by the distribution shift.”
“This affects a fundamental right, which is the Ordinary Judge predetermined by the Law. And this process, when it is altered, generates the nullity of all actions carried out,” warn the legal sources.
In that sense, they reveal that the judicial distribution was carried out in just “nine minutes” and that having the report on paper helps “the matter can be assigned by hand.”
According to Nacho Cano on the day of his arrest, “it was already known which court and which magistrate was going to be in charge of investigating the case.” In response to the accusation, Judge María Inmaculada Iglesias Sánchez has informed the Ministry and the rest of the parties to formulate allegations within a period of five days.
In view of the serious accusation that is being made in the document regarding the application of the rules for the distribution of matters between the Courts of Investigation of Madrid, with violation of the right to the predetermined judge by distributing the matter to this Court of Instruction number 19 of Madrid, please inform the Senior Court of the appropriate effects,” he concluded.