The Supreme Otegi quashes a conviction fore
The Supreme Otegi quashes a conviction for lack of impartiality of a judge
. PHRASE
ANGEL MURILLO MAGISTRATE
Nullify the entire trial, reverse the conviction, send back all the records to the National Court and hold a new hearing with a new court which are not part of any of the above three judges. The Supreme Court, in an informed decision without precedent, has overturned the ruling in March of last year condensed to two years of jail and 16 inhabilitacina Arnaldo Otegi for their participation, sto credits, in the tribute to an ETA prisoner.
The high court finds that the president of the Chamber, Judge ngela Murillo, made clear his prejudices about the guilt of Batasuna exportavoz with questions or comments on whether or not the accused condemned ETA. The Supreme Court, which accepted the appeal of former leader casacin 'nationalist' against the ruling of the High Court certifies, sto energy credits , that the reproaches of Otegi to Murillo that was unfair during the hearing must be considered objectively justified .
The resolution of the Supreme vulner claims that the Batasuna exportavoz right to be tried by independent judges, irremovable nicamente liable and subject to the rule of law, Article 117.1 of the constitution, to account of a scuffle that Murillo had, buy eve isk, with the accused on the first day of the hearing, on January 27, 2010. In that trial, Otegi was facing a sentence of two years by lifting up to ETA to have participated in a tribute to the prisoner ETA Sagarduy Jos Mara in July 2005 in the town of Amorebieta Vizcane during Bean allegedly praised the prisoners politicians struggle for Basque independence.
At the end of the interrogation, in which Batasuna exportavoz only responded to his dnse, Murillo broke. You are free to answer, but I want to ask: You strongly condemns ETA violence, Asked the judge. I will not answer, "replied the dndant. Not to answer, right I already knew, "replied Murillo. I already, sto energy credits , knew I was going to ask that question, he added Otegi as he walked the stage. For the high court was biased and that denotes topics about subjective and objective bias. The question asked by the president of the court and, in particular, their reaction to deny the appellant to answer, can be interpreted as an expression of an opinion already formed prior to the commencement of the trial, said the resolution No judicial.
Opinion already formed
In other words, the Supreme abundant, is not unreasonable to assume, as contended by the appellant, that such an approach [the judge] expressed the view in some way, already formed, about the value of the explanations given by the accused . A prejudice against Otegi which means the court, Murillo tena rooted before he could witness the rest of the evidence [at trial], both the prosecution and dnse.
The ruling concludes that the dndant tena objective reasons to believe that the judge was acting out hastily judge the criminal character of the words of Otegi in the tribute.
You are free to answer, but I want to ask: You strongly condemns ETA violence, Asked the judge. I will not answer, "replied the dndant. Not to answer it I already knew, "replied Murillo. I already knew I was going to ask that question, added the dndant as she left the stage.