(Europa Press). Nacho Cano‘s lawyers have filed an appeal to the Provincial Court of Madrid in which they ask for the free dismissal of the case as they understand that“there is no existence of any crime” and as a result of the repeated “abuses of the judge”, about whom they claim that she has been appointed “a finger”. In the document, to which Europa Press has had access, the lawyers explain that the entry to Spain of the scholarship holders for the musical Malinche was made as tourists and the request for a study stay is “absolutely legal”, since in 2018 a Royal Decree was approved that modified the Alien Regulation to allow the processing of study permits from Spain. “Everything is correct from the administrative and legal point of view for the study stay. Therefore, there cannot be in any case a crime of favoring illegal immigration, which is one of the two crimes being investigated,” legal sources explain to Europa Press. On the other hand, in the Appeal it is exposed that the scholarship holders do not have an employment relationship with the show and while they were carrying out their “non-working” practices they completed the training course. “The intervention of the scholarship holders in the Musical as part of their internships was limited to certain minutes in some weekend performances, perfectly minuted by the organization independently for each scholarship holder. None of them ever exceeded 3 hours per week”, the legal document points out. In addition, it is requested to decree the nullity of the report of the National Police and to provide the report on the police actions of June 27th, as well as an “exhaustive” view of the moment of the arrival of the victims at the police station until their departure. Likewise, it is required that the Alien Brigade be sent the file on the administrative situation of the complainant Lesly Ochoa and to know if she has been granted or if she is in the process of applying for asylum.
Judge in the case against Nacho Cano is being targeted
The defense of Nacho Cano also denounces that he has been assigned “surprisingly” to the judge who also instructs the proceedings against the partner of the president of the Community of Madrid, Isabel Diaz Ayuso. The lawyers claim that the police report was taken on paper to the dean’s office so that the official “could alter that distribution, assigning the judge they want and not by the turn of distribution.” “This affects a fundamental right which is the Ordinary Judge predetermined by Law. And this process, in the moment in which it is altered, generates the nullity of all the actions that are carried out”, warn the legal sources. In this sense, they reveal that the judicial distribution was carried out in only “nine minutes” and that by carrying the attestation on paper it favors that “the matter can be assigned to a finger”. According to Nacho Cano on the day of his arrest, “it was already known which court and which judge would be in charge of the investigation of the case”. In view of the accusation, Judge María Inmaculada Iglesias Sánchez has transferred the case to the Ministry and the rest of the parties so that they can present their allegations within five days. “In view of the serious accusation that is being made in the document on the application of the rules of distribution of cases between the Courts of Instruction of Madrid, with violation of the right to the predetermined judge by distributing the case to this Court of Instruction number 19 of Madrid, please inform the Dean Court for the appropriate effects,” she concluded.
The intern who denounced Nacho Cano will testify this Thursday in the case that investigates the music producer.
Meanwhile, the judge of Instruction number 19 of Madrid has summoned next Thursday the intern who denounced Nacho Cano. She is called to testify as a complainant in the case in which the music producer is being investigated for the alleged commission of a crime against workers’ rights. Lesly was scheduled to testify on October 28th in this proceeding, which has its origin in a complaint for the alleged irregular situation in which twenty Mexican students were working in the musical Malinche. The appearance was suspended when the complainant went to the summons without a lawyer. After having new legal representation, Lesly has been summoned to testify to ratify the complaint, as her new lawyer has detailed to Europa Press.
Complaint against the intern
Nacho Cano was arrested last July 9. Allegedly, for crimes against the rights of foreign citizens and against the rights of workers. On the other hand, another court recently opened preliminary proceedings against Lesly. In this case, for the alleged commission of a crime of conditional threats for having allegedly demanded 6,000 euros from Nacho Cano in order not to take legal action against him when she was expelled from the musical show. Lesly Guadalupe O. is summoned to appear in this judicial proceeding on December 12 at 12:00 noon as an investigated party.
