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The

Court of Instruction No. 4 of Mérida

has admitted for processing this Thursday the nullity incident presented by the lawyer of one of the drug traffickers investigated in the

Minuro-Peces operation

in which the entire group of narcotics of the National Police was arrested de Mérida, whose five agents are free on charges after their arrest last September.

The lawyer,

Fernando Cumbres

, considers that his client (

MGB

) was "induced" into the crime of which he is accused, that of receiving and transporting drugs, and also alleges falsehood in the police report of his arrest, as well as abandonment in the duty to prosecute the crime, because according to his version, those who actually sold the drugs, who were supposedly protected by the agents, would not have been prosecuted.

In his brief before the investigating judge, presented on the 21st of this month, the lawyer understands that the agents of the anti-drug squad drew up false police reports in order to justify the arrests.

To do this, it is based on the reports prepared by the

Internal Affairs Unit

(UAI) of the National Police, which monitored the Mérida police for months, conducting an exhaustive monitoring, including numerous telephone recordings and WhatsApp conversations, in which they are allegedly attributed the collection of large sums of money from of protected drug traffickers and also obtaining information to induce arrests for members of another gang that they did not control, justify their work and gain professional prestige by manufacturing police coups only in one direction, in the arrest of gang members to the detriment of the another that paid them, in addition to supposedly keeping part of the seized.

The case

Regarding this case, and according to the conversations investigated by the Internal Affairs Unit referred to by this lawyer, and which are within the case, it is believed that one of the investigated agents contacted on December 18, 2020 with a A well-known drug trafficker from Almendralejo to coordinate days later a hashish delivery in

Badajoz

, a delivery attended by the lawyer's client, a native of Mérida, and a friend, without knowing what he was going to, according to Cumbres. From the conversations it appears that one of the agents of

the Narcotics Group

agreed with the drug trafficker (JTA) so that the latter would proceed to make a "very advantageous offer" of hashish 'in situ', thus organizing a sale of said substance, after which they would proceed to arrest him. "These events are a provocation to crime in order to create a trap," warns the lawyer.

MGB was later detained by the agents involved when he was traveling on the A-5 near

Arroyo de San Serván (Badajoz)

and a large bag containing 18 packets of hashish was found in the back of the vehicle, while the drug trafficker He would have gone off quietly with another car. This would entail on the part of the agents the supposed omission of the duty to prosecute crimes or promote their persecution, in addition to having allegedly committed documentary falsification when preparing the police report and false accusation and complaint. Cumbres highlights that the sale was controlled at all times by the Merida Narcotics Group, so there was never a risk that the substance delivered by the drug trafficker to his client and friend could enter the market.

In turn, falsehoods are also alleged in the police report, since his client "was not seen loading the drug," and the report also includes another different case, mixing it with a different cause, that of two other related persons. with a hashish plantation that "had nothing to do with this case."

The lawyer emphasizes that jurisprudence clearly states that a defendant is led into a crime when a person -in this case a policeman or a third party- incites him to commit a crime that he had not previously planned to carry out, which it happens with both MGB and his friend.

Conclusions.

In this sense, it considers that the conclusions of the Internal Affairs Unit itself "also say so", qualifying them as "a clear example of a manual for inducing a crime", which should cause "the complete and radical nullity of the evidence obtained illegally "against this investigated, and proceed to the free acquittal of the same. The Court requests for the two detainees in this case (

DSJ

and MGB) a sentence of four years and six months in prison and a fine of 211,000 euros.

The agents of the Merida anti-drug brigade are accused of drug trafficking, belonging to a criminal organization and omission of the duty of follow-up, false reports, illegal possession of weapons, crimes against public health, money laundering, disclosure of secrets and falsehood in public document, among others.

The investigating judge, after admitting this nullity incident for processing today, has transferred it to the

Prosecutor's Office

and the parties involved.

According to the criteria of The Trust Project

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