The Superior Court of Justice of Madrid has decided to confirm the acquittal of comedian David Suárez, who was tried for a tweet about people with Down Syndrome. The judges have rejected the appeal of the Prosecutor’s Office, which requested that he be sentenced, and recalls that “there are no elements that allow us to appreciate a discriminatory motivation in the defendant’s actions, not being able to frame it within a hate speech.”
The comedian David Suárez acquitted for his joke about people with Down syndrome
David Suárez sat on the bench for a tweet published on his account in 2019, in which he could read: “The other day they gave me the best blowjob of my life. The secret was that the girl used a lot of slime. Some advantage had to have Down syndrome. The Prosecutor’s Office even asked for a year and 10 months in prison for him, and the Provincial Court of Madrid decided to acquit him. The Public Ministry, as this newspaper revealed, appealed.
A resolution that, as elDiario.es has learned, has just been confirmed by the TSJM. “We came across a tweet, in which unfortunately a humorous production was intended, and it turned out to be a hurtful and offensive message, which, as the contested sentence points out, has caused pain,” the magistrates acknowledge, but they understand that there is no hate crime: “ There are no elements that allow us to appreciate a discriminatory motivation in the defendant’s actions, not being able to frame it within a hate speech, “says the sentence.
For the judges, this tweet by Suárez – defended by the lawyer Isabel Elbal – is “an isolated message, with no record, (nor is it included in the facts declared proven) that the accused humorist by profession, has reiterated publications of a nature similar, that could affect the group of women with Down syndrome”. The decision is still appealable before the Supreme Court both by the Prosecutor’s Office and by the Plena Inclusion Madrid association, which brought the popular accusation and supported the appeal of the Public Ministry.