RULING IN ANSWER TO THE APPEAL TO SUSPEND


CRIMINAL COURT
Section II 5/05

Their Excellencies:
Gómez Bermúdez.
Guevara marcos.
García Nicolás.

RULING- In Madrid, the 19 February, 2007.
Keeping in mind the written statement presented by the representation of the accused Rafá Zohuier that defends the article 725 in the Code of Criminal Procedure, the suspension of the hearings “until the moment in which a quantitative and qualitative definitive survey report is carried out about the evidence related to the acts,” will not be considered because:

  1. The article 725 of the Code of Criminal Procedure is not applicable; the tribunal orders the use of an expertise of different contents and forms – broader and more detailed than what is proposed by the different parties, as it is expressed in the FJ4 ruling on 22 January, 2007.
  2. In accordance with the order, a rough draft of the results was presented before 3 p.m. on 13 February, and the different parties were notified, guaranteeing the rights of the defense.
  3. The only definitive survey report is the one issued by the oral court under the principles of orality, publicity, contradiction and immediation, even when the techniques and analysis must be realized outside of the criminal trial.  In this solemn way the experts can manifest any existing discrepancies and can continue to resolve any doubts that might arise.
  4. The party itself designated the expert that actively intervened in the analysis, therefore there is no injustice.

The petition to “gather new evidence from the cores of explosions from each train car in order to carry out a new survey report” will not be considered because the party did not hand in their petition on time and the petition admitted by the Tribunal will have to suffice – from the fourth paragraph of article 659 from the Code of Criminal Procedure.

Considering the allegations done in the second list of claims in the written statement, beginning with the judicial office summoning the witness, whose identity will be announced.

Lastly, regarding the third list of claims as accepted evidence, being of interest to the government the lifting of the classification of the solicited report as secret, without risk to those that can be rewarded the status of protected witnesses.
The statements made by the representatives of the joint plaintiff represented by Roberto Barroso Anuncibay amongst others, will proceed the citation of a witness from the RENFE ticket booth.

Considering determined the agents that have to appear in court to testify orally by proposal of the defense of the processed El Akil.

The parties must be notified with copies of the presented written statements.

Agreed on by the Tribunal and signed by its president.