MADRID, 4 May. (EUROPA PRESS) -
The Prosecutor's Office has asked the instructor of the 'procés', the Supreme Court magistrate Pablo Llarena, to summon the former Catalan counselor and MEP Clara Ponsatí again so that he can take a statement from her as a defendant for 1-O, after the last April 24 did not attend his appointment before the high court.
This is how the prosecutors Javier Zaragoza and Fidel Cadena pronounced themselves in a letter, to which Europa Press has had access, in which they also urge Llarena to "dismiss the request for suspension of the cause concerned" by Ponsatí, who insists that enjoys the immunity of the members of the Eurochamber.
The prosecutors of the 'procés' thus respond to the request of Llarena, who asked the Public Ministry and the State Attorney's Office to rule on the possibility of reactivating the national arrest warrant against Ponsatí, after he planted the Supreme Court, using his immunity as MEP, and that that day she had work in the European Parliament.
Llarena's objective was to take a statement from Ponsatí as a defendant for a crime of disobedience in order to continue with the criminal proceedings against her for the illegal referendum of October 1, 2017.
The judicial process had been paralyzed since Ponsatí fled Spain, but the machinery of the Supreme Court started up again on March 28, when the former counselor appeared in Barcelona, ignoring her obligation to appear before the high court, precisely in order to carry out that statement of inquiry.
That day, after being detained by the Mossos d'Esquadra and taken before a guard court in Barcelona, by virtue of the national arrest warrant that she had in force, Llarena agreed to release her and summon her for April 24.
Now, once the parties have been heard, the 'procés' instructor could reactivate the arrest warrant against Ponsatí, although it would only take effect if he set foot in Spain again.
It should be remembered that the judge withdrew the European and international search and arrest warrants against Ponsatí and the other fugitives from 1-O, specifying that he could only reactivate them for the former Catalan president Carles Puigdemont and the former councilors Toni Comín and Lluis Puig, because After the penal reform that repealed sedition and modified embezzlement, they were the only ones accused of crimes that entailed jail.
To justify his rudeness to the Supreme Court, Ponsatí's defense argued not only that he had to attend two meetings in the Eurochamber, but also insisted that, having requested protection from the European Parliament to defend his immunity, the jurisprudence of the Court of Justice of the European Union (CJEU) "forces" Llarena to suspend the judicial procedure.
To this, the defense added that "several appeals are pending resolution that corroborate the illegality of this proceeding, the violation of different fundamental rights and that prove that neither the investigating magistrate nor that of this Criminal Chamber of the TS are the previously established court by the law".
Ponsatí's criminal horizon cleared up after the entry into force on January 12 of the criminal reform that repealed sedition and modified embezzlement, forcing Llarena to review the prosecution of those fleeing the 'procés'.
Until then, the former counselor was prosecuted for sedition, so the disappearance of this crime - punishable by between 10 and 15 years in prison and disqualification - led Llarena to replace it with that of disobedience, punishable with a fine of 3 to 12 months and disqualification from 6 months to 2 years.
Although both the Prosecutor's Office and the State Attorney's Office requested the investigator to add the new crime of aggravated public disorder, with penalties of 3 to 5 years in prison and 6 to 8 years of disqualification, Llarena rejected it.