Trial of Spanish PM's brother opens in Badajoz with defence seeking annulment over 'prospective investigation' claims
The trial of David Sánchez, brother of Spanish Prime Minister Pedro Sánchez, began in Badajoz on Thursday with his defence immediately calling for the case to be thrown out, arguing the investigation was politically motivated and the alleged offence has expired.
The trial of David Sánchez Pérez-Castejón, the brother of Spain's Prime Minister, commenced on Thursday at the Provincial Court of Badajoz, with his lawyer, Emilio Cortés Bechiarelli, launching a fierce challenge to the proceedings. Sánchez faces charges of administrative prevarication and influence peddling related to his 2017 hiring by the Badajoz Provincial Council, alongside ten other defendants including the council's former president, Miguel Ángel Gallardo.
Defence challenges the 'poisoned root' of the case
Cortés argued for the annulment of the oral trial, claiming the investigation was a 'paradigmatic prospective investigation' initiated by a complaint from the union Manos Limpias in May 2024. He noted the original complaint alleged tax crimes, social security fraud, and embezzlement, yet none of these appear in the final indictment.
Cortés invoked the Anglo-Saxon 'fruit of the poisonous tree' doctrine, stating the case began with accusations of illicit enrichment and later shifted to the creation of his client's position after the initial charges failed to hold.The root of this procedure is rotten.
Statute of limitations and academic credentials
A central pillar of the defence's argument is that the alleged offence of accepting an illegal appointment is time-barred, as the complaint was filed seven years after Sánchez joined the council. Cortés also presented two certificates from the Ministry of Education validating Sánchez's academic qualifications obtained in Russia, directly countering accusations that had questioned his educational merits. He dismissed claims linking Sánchez to the 'Aldama plot' and suggestions of workplace absenteeism as 'pure invention' and 'a fallacy'.
Prosecution partially backs defence motions
In a significant development, the public prosecutor, Begoña García Boró, supported the defence's position that the offence of accepting an illegal appointment should be considered prescribed and excluded from the trial. The prosecutor also backed a motion from Gallardo's lawyer, Juan José Torres Ventosa, for a 'partial annulment' of the proceedings regarding the hiring of Luis María Carrero. The prosecutor argued Gallardo had not been called to testify on this specific matter during the investigation, constituting a 'surprise accusation' that violated his fundamental right to a defence.
Accusation insists on a 'unity of action'
The popular prosecution, represented by Manos Limpias lawyer José María Bueno, rejected the prescription argument as an 'utter nonsense and absurdity'. Bueno contended that Sánchez's initial hiring was 'the origin of a criminal action' and formed a 'unity of action' with subsequent events, including his promotion to head of the Performing Arts Office and the hiring of his friend Carrero.
Even if the offence has prescribed, the facts do not cease to be investigable.
Political undertones and media scrutiny
The defence strongly suggested the case has a 'political inspiration', pointing to the ideological profile of the popular accusations, which include Abogados Cristianos, Hazte Oír, PP, Vox, Iustitia Europa, and Liberum. Cortés criticised the initial complaint as being based on 'press clippings and screenshots' from the Official Bulletin of the Province of Badajoz, arguing that workplace absenteeism has never constituted a criminal offence in Spain. The trial continues at the Provincial Court of Badajoz.
