Particle.news
Download on the App Store

Prosecutor Seeks To Void Supreme Court Conviction of Ex Attorney General García Ortiz

Prosecutors say the ruling violated penal legality by criminalizing a press note, disregarding exculpatory media testimony.

Overview

  • Deputy prosecutor María Ángeles Sánchez Conde filed an incidente de nulidad asking the Supreme Court to annul the conviction of former Fiscal General Álvaro García Ortiz.
  • The filing argues the judgment violated the presumption of innocence by ignoring testimony from journalists who said they had the February 2 email before García Ortiz, citing reporters Miguel Ángel Campos, José Precedo and Alfonso Pérez Medina.
  • Prosecutors note La Sexta reported details of the email earlier that night than Cadena SER, asserting the court overlooked timing and documentation that pointed away from a leak by García Ortiz.
  • The motion accuses the court of unlawfully expanding the charged conduct by treating the drafting and publication of a press note as criminal despite the Admission Chamber having deemed it apparently non‑criminal because the information was already public.
  • The November ruling imposed two years of inhabilitación, a €7,200 fine and €10,000 to Alberto González Amador, and the nullity motion is the required step before a potential amparo appeal to the Constitutional Court, with the Supreme Court’s response pending.