The Anti-Corruption Prosecutor has withdrawn all its accusations against the leisure businessman Bartolomé Cursach, his right-hand man, Bartolomé Sbert, and fifteen local police officers in Palma, who have been under investigation for more than seven years for an alleged political, business, and police network aimed at safeguarding the authority in the night of the Majorcan tycoon.
The businesses of Cursach, the most powerful and controversial businessman of the Mallorcan nightlife
After 2:30 p.m., the Madrid prosecutor Tomás Herranz announced his decision during this Friday’s session of the trial that has been held since June 13 against these 17 defendants in the Provincial Court of the Balearic Islands. More specifically, the charges were dropped immediately after the interrogation of the last of the witnesses who appeared at the prosecution’s proposal and whose statements the prosecutor does not consider robust enough to maintain their accusations against Cursach and the rest of the accused.
Having practiced, therefore, all the evidence of the accusation, the prosecutor does not appreciate sufficient burden of proof to undermine the presumption of innocence of the accused. In the words of Herranz, “there is not sufficient proof of charge” to support “none of the accusation facts of our brief”, in relation to the initial qualification made by the Prosecutor’s Office.
In any case, the trial will continue as the private prosecutions, on behalf of the businessmen who consider themselves affected by the alleged actions of the 17 defendants, do maintain their charges against them. Next Monday the witnesses proposed by the defenses will begin to testify.
Previous reduction of the request for sentences
The hearing has already started with a notable reduction in the request for convictions by the Public Ministry. Specifically, the prosecution initially claimed eight and a half years in prison for Cursach, although several days before the hearing began he decided to reduce the request to one and a half years, withdrawing for “lack of credibility”, the most serious accusations that weighed on Cursach.
Among such accusations were those related to the alleged bribes with which he would have supplied various officials in exchange for winning their will or the alleged orgies that the initial investigations indicated had been held at the Tito’s nightclub, flagship of the Cursach Group, to entertain numerous agents of the Local Police of Palma under the condition of guaranteeing the smooth running of the businesses of the business conglomerate.
One of the main witnesses of the Prosecutor’s Office that has paraded before the First Section court was the former inspector of the National Police Laundering group who investigated the Cursach case at the hands of former judge Manuel Penalva and former prosecutor Miguel Ángel Subirán. Despite the expectations that fell on her, the official was anchored in the “I do not remember”, since the president of the court, Samantha Romero, warned her that her attitude would have “very serious effects”.
“I don’t remember how I came to that conclusion, but if I came to it, it’s because I verified it. I’m not making it up,” the witness repeatedly stated when asked questions from the parties, which led the magistrate to blurt out: “I ask you to please have a little respect for all of us. I haven’t seen anything like it in my 22-year professional career.” “I cannot be required to remember what I did six and a half years ago,” the former inspector said at another time.
Likewise, numerous local police officers have highlighted throughout these months the pressures to which they were subjected by the former prosecutor Subirán during their interrogations in the investigation phase of the Cursach case. One of them stated that his statement before the former accuser was “totally manipulated.” “It was a monologue from Subirán because he often said things that he put in the statement,” he asserted, while another witness recalled that the episode he lived with Subirán, who, he assured, put him in a room and “only told him shouted” the following: “Shut up, we have called you many times. If you lie again, you will be arrested from here’”.
Cursach’s premises were not “heavily inspected”
Meanwhile, other witnesses have pointed to the pressure they received to modify acts against premises belonging to the Cursach business group. “We flatly refused,” a policeman asserted in his appearance, stating that the Mallorcan businessman’s establishments were inspected “on very few occasions.” Likewise, one of the last witnesses to testify, a worker from Magaluf, pointed out this week favorable treatment by the Calvià Town Hall to the Cursach Group. “I want them to admit guilt, these events happened. If Cursach and Sbert admit these facts and their guilt, I do not ask for any economic claim and prison sentence, ”he sentenced.
It should be remembered that, in parallel, both Penalva -discussed and removed from the investigations, in March 2018, due to a lack of appearance of impartiality- as Subirán and the four national police officers of the Laundering Group with whom they worked side by side are at bench doors for allegedly coercing and threatening witnesses to testify in an incriminating sense, inducing false testimony, prevaricating when agreeing to the arrests and imprisonment of several investigated, hiding evidence that did not match their interests and for leaking information when the case was under secrecy.