Case to Supreme Court

To unify the investigation into the sovereignty charges in one single case has its advantages and disadvantages and this is what Supreme Court (TC) judge Pablo Llarena must now ponder; whether to accept the request to unify three investigations, as requested by most defence counsel and now, the National Court judge, Carmen Lamela, also.

With the case against the two Jordi’s already in the Supreme Court as well as the charges against the House Standing Committee, Lamela feels that one single criteria should be adopted and has formally asked Llarena to take this under consideration with the ministers included. She sees the three cases as “a complex and heterogeneous organisation to achieve the secession of Catalonia proclaiming a republic and against the constitutional order.”

The prosecutor in the Supreme Court has opposed the accumulation of causes, citing jurisprudence in the November-9 case against Francesc Homs and is opposed to macro-cases. If joined, the case would see 23 on trial.

The nearness of the Catalan elections also casts a shadow on the decision despite the fact that some of the accused are not candidates in December. The prosecution also cites the seriousness of the crimes involving “rebellion and sedition” with indications of “incitement to violence”, claims that the defence and most legal opinions dismiss.

The ruling made by Lamela includes a chart showing details and members of the “criminal organisation” dating back to 2015, while indicating that not all were involved in criminal activity. It is for this reason that Lamela feels all aspects of the case be investigated within one context.