"El programa de Ana Rosa" will not be able to issue, for the moment, the images of the reconstruction of the crime of Diana Quer , in which he participated in June of last year his self-confessed murderer, Jose Enrique Abuín. It has been decided by this Tuesday the president of the Court of the Jury that, from the next 28 of October, he will judge the "chewing Gum" by the death and alleged rape of the young madrileña, after the complaint filed Monday urgently by Juan Carlos Poker, calling for the adoption of precautionary measures to prevent the spread of this video.
the arguments to The magistrate Angel Pantín are coincident with those expressed by the private prosecution exercised by the parents of Diana, through lawyer Ricardo Perez Lama: the issuance of these images , collected in the summary and form part of the evidence that will be in the room during the trial, may influence the independence of the jury that must decide the guilt or innocence of the accused , and therefore, prohibited its dissemination in the current moment.
The car set as limit the time that this video will be exhibited during the celebration of the oral trial, and not to pronounce on his possible issue afterwards. On its contents, the judge considered that the reconstruction does not reveal that, in general terms, the dignity or privacy of the victims, direct or indirect, may be affected by the stories or gestualizacíones the defendant's version of the facts or images of the tours carried out". However, it's estimated that "the physical recreation of the event with a mannequin makes the images resulting in certain moments of certain rawness and penosidad that would justify a restriction of your advertising, massive and indiscriminate".
"The eventual exposure and premature candidates to content that should not be known until the act of judgment poses a risk to its impartiality and lack of bias ", highlights the president of the Court of the Jury, who notes that "the danger that derives from this advance contact with an element of the evidentiary material is heightened to give the knowledge to the test outside the scope guarantor of the plenary". Thus, as reported by the TSXG , the self refers to the "possible, and not unlikely, broadcast, segmented and not complete the test and its possible and not unlikely presentation in an environment of comments, explanations, or assessments, expressed or implied, that may affect negatively the conditions for the due development of the function attributed by law to the jurors", in clear allusion to the talk shows, morning television on current events.
The magistrate Pantín recognizes that in this case is presented a "friction between the right of the media to the exercise of constitutional freedom of information on an issue of obvious general interest, through the advertising of one of the data of the judicial process" and "the right to the dignity of the victims and the principle of preservation of the impartiality of the jury," , claimed both by the prosecution and by the prosecution and the defense of the "chewing Gum", which was joined to the complaint filed by the private prosecution. In this case, for the judge overrides the need to preserve the impartiality of the jurors, in a trial of this type will be selected during a process of interviews from the 27th of September. However, the magistrate estimated that even if the video ever saw the light of "would" but "do not disable" to the jurors for the formation of their own opinion.Updated Date: 12 September 2019, 05:00