The Prosecutor's Office asks the Supreme Court to reject Sandro Rosell's complaint against the judge who sent him two years to prison

• Soccer: Sandro Rosell files a lawsuit against a Supreme Court judge and finalizes a claim to the State of more than 10 million euros
• Interview: Rosell attributes his time in prison to being president of Barça and Laporta wants to appear again
• Libro.Sandro Rosell: "I am an independentist, but I would not like to live in a Catalonia where its public television censors"

The Prosecutor's Office asks the Supreme Court to reject the complaint filed by the former president of FC Barcelona, Sandro Rosell , against judge Carmen Lamela , who kept him in prison for two years while being innocent. The Public Ministry has sent a letter to the High Court, to which EL MUNDO has had access, in which he defends the actions of the instructor, who came to assure in her cars that Rosell "had made crime his way of life". In this line, she denies that the judge committed any crime despite sending Rosell to preventive detention, who was finally acquitted, and maintaining her deprivation of liberty for 643 days, accusing her of laundering more than 20 million euros from the collection of illegal commissions. "Merely illegality is not enough, arbitrariness is required, and in this case it is not observed," concludes the Prosecutor's Office.

Rosell filed the complaint last March, as this newspaper announced, and in it he attributes to the former head of the Court of Instruction number 3 of the National Court two separate crimes of prevarication and falsehood. According to the former Barça leader, Lamela deliberately concealed documentation that exonerated him with the sole purpose of harming him. Not in vain, his lawyer Andrés Maluenda , who held Rosell's defense during the trial together with Pau Molins , argues that "it was not an error or negligence of the judge" but he acted "knowingly". "She deliberately and unknowingly concealed up to three times the existence of a set of information, more than 1,200 pages, of great relevance to the cause," the complaint highlights.

It refers specifically to the content of the letters rogatory issued to the United States , which exonerated Rosell by showing that he did not have bank accounts in that country and whose delivery was denied by the judge to the former president of Barça and the rest of the accused in up to three occasions. "On two occasions he denied the existence of the rogatory and on a third he denied its possession by the court," the complaint adds.

The Prosecutor's Office summarizes that Rosell "synthetically, and ultimately, reproaches the defendant for having lied in three resolutions issued denying that she had the required documentation so, within the procedure by which she was in provisional prison, depriving her of documentation that ' it could be decisive for his release and, where appropriate, the filing of the procedure.

"Merely illegality is not enough, arbitrariness is required"

In view of the plaintiff's arguments, the Public Ministry maintains that "it constructs a story in which it slides a series of statements with which it sometimes suggests more than it claims that the magistrate deliberately concealed decisive information whose existence she knew." Furthermore, it highlights the "lack of objective proof that the facts were like this" and for this reason she clings to the fact that Rosell uses in her complaint "terms such as 'could' to refer to a hypothetical provisional freedom". Likewise, it denies that "an acquittal necessarily implies the commission of a crime of prevarication by the instructor who decrees the provisional detention of those who were accused by the prosecutor."

For this reason, the Prosecutor General's Office continues, "with regard to the crime of prevarication, it is at least strange that the alleged prevarication occurs by means of provisions whose content is practically that of a mere act of processing." Furthermore, she reasons that for a judge's conduct to be criminal "mere illegality is not enough, arbitrariness is required." "The injustice supposes the twisted application of the procedural or material norms and said injustice is not observed in this case, in which there is no direct intent," he points out.

Finally, the Office of the Prosecutor asserts that "not even" Rosell "even succeeds in suggesting what could be the interest of the magistrate in denying the existence of said requested documentation or the origin of the alleged animosity that, understandably, they come to denounce, from a one way or another, a good part of the people who are charged and the procedure is adverse to their logical interests. "

The former Barça president, for his part, emphasizes that "Lamela not only failed in the duty of diligence proper to his position by not responding to a request for information that did not involve major complications, but also did so knowing that I was making unjust resolutions. "

The final decision on the admission of Rosell's complaint against Lamela to processing has fallen to the Fourth Section of the Second Chamber of the Supreme Court presided over by Manuel Marchena . The former Barça leader has requested the recusal of this magistrate and, despite the fact that his request has not yet been resolved, the Supreme Court has already agreed that it is the aforementioned Chamber that takes the final decision.

Parallel to his legal actions, Rosell has just published a book, entitled Un Fuerte Abrazo (Plaza & Janés) in which he narrates his experience in prison and launches a serious accusation against the police officers who searched his home in Barcelona. He claims that during the judicial process they hid cash in his closets to incriminate him with false evidence.

In accordance with the criteria of The Trust Project

• Supreme court
• sports

ACB 2019 - 2020Movistar extends its sponsorship agreement with the Students until 2025

TennisThe coronavirus crisis makes Federer the highest-paid athlete in the world

SportsHow to start running, swimming or cycling and not end up injured, depressed or ruined

See links of interest

• Last minute
• Spanish traslator
• Programming
• 2020 calendar
• Horoscope today
• League classification
• Santander League Calendar
• Movies today
• Schools concerted
• Masters 2019
• Cutting notes
• Rich from Spain
• Universities Spain
• Themes
• Coronavirus Spain

• Borussia Mönchengladbach - VfL Wolfsburg
• Getafe - Espanyol
• Villarreal - Mallorca
• Lugo - Real Zaragoza
• Barcelona - Leganés