has lowered the sentence against
José María Martìnez Sanz 'Chema'
from 11 to 2 years,
his presumption of innocence was violated
in the sentence handed down by the Hearing of Bizkaia in the
The ruling drawn up by the President of the Supreme Court, Manuel Marchena and endorsed unanimously by the rest of the Chamber, questions the decision made by the Biscayan judges by including among the criminal acts
two alleged abuses confessed by the young man years after
having suffered the abuses without having made any mention when he appeared before psychologists and prosecutors.
The Supreme Court ruling will prevent José María Martínez, a teacher at the Gaztelueta de Leioa school, from going to jail despite the fact that he had been sentenced by the Provincial Court of Bizkaia to 11 years in prison on November 15, 2018. In that ruling, the The judges found that
'Chema' repeatedly abused the student from 2009 to 2011
The report of the complainant included five situations of abuse by who, in addition, was his tutor and who would have taken advantage of the meetings that both had in the office of 'Chema' in the school managed by Opus Dei.
, father of the attacked student and lawyer, publicly denounced the events after the unsatisfactory response of the
school that transferred the teacher but did not give credibility to the victim's testimony
Martínez Sanz, defended by
lawyer Eduardo Ruiz Erenchun
, remained silent until the conviction was made public.
"I am completely innocent," insisted 'Chema
' after the first ruling in an open letter in which he assured that during the oral hearing "I listened to many people whom I did not know assuming my guilt, without presenting any evidence, beyond of the credibility they gave to the boy's testimony. "
Martinez Sanz appealed in cassation before the Supreme Court and the court warns in its ruling that
the complainant "enriched his story" with two alleged abuses that he revealed as of 2015
and that he did not count in the conversations he had with psychologists and prosecutors.
The court chaired by Marchena considers that these two alleged abuses are
"something more than an addition"
and transfers to the Court of Bizkaia the responsibility of having accepted them as good.
"The evidentiary assessment does not reserve space for willful intuitions," says Marchena in the sentence that lowers the sentence against the teacher to the minimum.
In addition, it remembers that "voluntarism is incompatible with a constitutional canon of evidentiary valuation".
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