Thursday, March 28

The court denies Jácome his claim to prohibit the newspaper La Región from broadcasting the audios that involve him


The magistrate of the Investigating Court number 3 of Ourense, on duty when the mayor of the city, Gonzalo Pérez Jácome, filed a complaint against the newspaper ‘La Región’ for the alleged crime of discovery and disclosure of secrets, has denied her request as precautionary measure to prohibit the dissemination of the recordings that the newspaper is disseminating by chapters and in which he is heard boasting of knowing how to handle money in B.

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Further

The judge questions Jácome’s thesis, that on the 10th he assured that he had been recorded by means of the installation of illegal microphones in various rooms of the town hall. The order ensures that “there is not enough evidence to presume the participation of any person” because “no element is provided that allows us to infer the unauthorized coercion of listening and recording devices.” It emphasizes that “there is no record” of a photograph or visual inspection of any microphone or technical device, as the mayor points out, “or any witness or person who has observed them, their installation, placement or removal”, as well as ” nor any expert report” that certifies “the place of obtaining or manipulation or alteration of any kind”.

In addition, the instructor emphasizes that the prohibition of dissemination to the media and social networks requires judicial authorization through a reasoned decision “that verifies the proportionality of the measure, analyzing the concurrent circumstances at the time of its adoption.”

The councilor, in his complaint, said that these audios “are based on conversations held in his office or in reserved access spaces of municipal buildings or other dependencies, which can only be obtained through the use of technical listening and sound recording devices. ”.

The magistrate of the Investigating Court number 1 of Ourense, on duty when the mayor filed another complaint against La Voz de Galicia, had also denied last Saturday the precautionary measures requested by the mayor, who asked that the audios be withdrawn and their publication.

Regarding the practice of the investigative procedures requested in the complaint documents against the two newspapers, both the owner of number 3 and number 1 understand that “they must be resolved by the competent judicial bodies”, that is, the Courts of Instruction to those who correspond to them by distribution, because they consider that they exceed the powers that are attributed to them during their guard functions.



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