Judicial blow to the open investigation against the Casuals, ultra group of the FC Barcelona born in Boixos Nois. The Ninth Section of the Barcelona hearing has upheld the appeal presented by the defense of one of the accused and has delimited the copy of the phones confiscated from three suspects within a certain period of time. This statement should have been made and the judge of Cornellà did not do it who initiated the investigations. This error open the door to the cancellation of essential evidence since a large part of the accusations leveled against those involved in the plot, some of them in prison, decline.
The Barcelona Court limits the copying of confiscated mobile phones and opens the door to the cancellation of essential evidence
On June 9, 2023, the Mossos d’Esquadra deployed a macro device to arrest 25 people, including the main members of the Casuals.
The temporal limitation of the investigations should have been made by the Cornellà court that opened the case
The investigations against this organization began following the attack, on November 28, 2021, against the Los Cazadores bar, in Cornellà de Llobregat, where there were Espanyol fans. He Cornellà court who investigates this assault and a subsequent one confiscated five mobile phones of three investigated and authorized on April 27, 2022 the dumping and cloning of the content of these terminals. The agents made a copy of the report and were able to extract from it the information that led to the arrests in June 2023. This macro case against the radical group of Barça fans is being processed the Investigative Court number 12 of Barcelona for various crimes.
The Cornellà court confiscated five cell phones from three people under investigation and authorized the dumping and cloning of their content
Now the Barcelona Court has partially upheld the appeal presented by lawyer Albert Carles Subirats, defender of one of the main people involved, and limits the extraction of cell phone data to the investigation of the assault on the premises, specifically between November 23, 2021 (days before the assault) and January 15, 2022 (after a second action in the same bar).
Thanks to the operation, the Mossos were able to incriminate more members of the radical Barça group
For this reason, this lawyer has requested the Investigative Court number 12 of Barcelona to expel the “improperly collected material”. That is, the one that is not between those two dates and that caused important judicial decisions, such as phone tapping or the installation of microphones in the vehicles of some suspects. Thanks to this operation, the Mossos were able to incriminate to more members of the radical Barça group in other crimes, such as extortion and criminal organization, which have nothing to do with it, according to the defense, with the assault on the Los Cazadores de Cornellà bar. If the judge accepts this request, the main lines of investigation against the Casuals would be touched upon.
The limitation
The Court of Barcelona considers in its resolution, to which El Periódico de Cataluña, of the Grupo Prensa Ibérica, has had access, that the temporal limitation on the copying of data from confiscated mobile phones “is unavoidable for adequate judicial control” of this measure because “fundamental rights are at stake”, and the authorization must be restricted in a “manner proportionate to the facts under investigation” (the assaults on the Cornellà bar) and for the time in which they could have been committed. On November 28, 2021, before an Espanyol match, a fight broke out at the venue in which between 8 and 15 people participated. Days later, on January 8, 2022, the graffiti “Casuals FCB” appeared on the bar’s shutters. The court, however, extends that period of time by a few days to ensure the investigation.
The Court considers that the time limitation “is unavoidable for adequate judicial control”
The researchers emphasize that “There are indications that these are two coordinated, premeditated and concerted actions by people linked to the Boixos Nois”. The Mossos consider that these two actions “may be motivated by revenge” by this group of fans for some events that occurred days before, on November 23, 2022, at the Sabroso Bar in Barcelona. .
The defense of the accused considers that the process was fueled “excessively” by the “disproportionate” use of microphones in two vehicles
The Court of Barcelona understands that “it is reasonable” that, if the trigger for the attack on the Cornellà bar was this altercation, it was the November 23 the initial deadline for copying information from the intercepted mobile phones. And the last one, one week after January 8the day the graffiti appeared, since after doing it “communications related to it could be made,” the magistrates emphasize.
The resurgence of the organization
According to the police report included in the main case against the Casuals, processed by the Court of Instruction number 12 of Barcelona, The Mossos, in collaboration with the National Police, and after months of surveillance and wiretapping, concluded that the Casuals FCB organization, which was already dismantled in 2010, had become active again after its main leaders left prison and adapted to the cannabis ‘boom’ that has been experienced in Spain, and specifically Catalonia, since 2015.
The operation carried out in June of last year against this resurgence of the group was baptized by the police with the name of Hydra, the mythological being with several heads that was capable of regenerating itself every time it severed one of its necks. 27 people were arrested and several were imprisoned. The agents did not find the leader, Ricardo Mateo, at his home, although he was arrested after a month.
The case of the 12th Investigative Court was opened for a range of alleged crimes, from homicide, kidnapping and extortion, through drug trafficking and membership in a criminal organization, among others. This judicial process, according to the defense of the accused, was fueled “excessively” by the “disproportionate” use of the installation of microphones in two vehicles supposedly used by one of its ringleaders.
2024-02-26 15:40:35
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