These officers were all linked to the 'caso Cursach', the investigation into the owner of the BCM club in Magaluf, Tolo Cursach, and others. The trial of Cursach and others collapsed in November 2022. He was acquitted. A major consequence of this was the demand for investigations into a former judge, Manuel Penalva, and a former prosecutor, Miguel Ángel Subirán. The officers were unjustly arrested or imprisoned by Penalva and Subirán.
They maintain that the high court's leadership protected and covered up an investigation that resulted in hundreds of defendants, and they are taking the matter to the Supreme Court. "We are going to Madrid so that justice can be served in Mallorca."
Their lawyer's report refers to the alleged manipulation of protected witnesses and to the behaviour of Carlos Gómez. "It was he who conducted the judicial case in which the WhatsApp messages from 'The Untouchables' group were seized, crucial evidence that revealed procedural manipulation, judicial corruption, and the existence of a criminal structure within the judicial system. Despite having full knowledge of these messages, he deliberately chose not to act in accordance with the law and to continue with the preconceived cover-up plan initiated by the other judges involved.
"But his passivity does not end there. He also had access to messages that clearly and unequivocally confirmed that Judge Manuel Penalva had previously known 'El Trilero', who he later made a protected witness, having been arrested along with his family clan." (Known as 'Los Bustamante', they are notorious in Playa de Palma for their street trick games.)
"As if the above were not already revealing, the judge also had documentary evidence demonstrating the existence of a judicial favour in the form of a progressive reduction of this witness's court precautionary measures (e.g. a Playa de Palma banishment order), which correlated with his collaboration as a false witness in the Cursach case. This is an extremely serious pattern."
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