Saturday, October 1

The Mónica Oltra case, pending the appeal of her ex-husband before the Supreme Court against the conviction for abuse


VALENCIA

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Luis Eduardo Ramirez Icardi He filed an appeal in November last year against the sentence of the second section of the Valencia Court that sentenced him to a five-year prison sentence for sexually abusing a minor under the guardianship of the Generalitat in the center where he worked as an educator . The ex-husband of Monica OltraHe is still waiting for the Supreme Court to admit his appeal, in which he requested a repetition of the trial. The decision may condition the judicial situation of the former vice president of the Government that presides Ximo Puig.

Luis Eduardo Ramirez Icardi He has already been tried twice for the same events, which occurred between the end of 2016 and the beginning of 2017 when he worked at the Niño Jesús shelter.

In December 2019, he was sentenced to five years in prison. In February 2021, the trial was partially repeated to include reports from the Ministry of Equality that called into question the credibility of the victim, who was a minor when the sexual abuse occurred, which up to now the Justice considers proven. The result of the trial was identical to the previous one with a guilty verdict and the same sentence of five years in prison. The Superior Court of Justice of the Valencian Community reviewed and ratified the conviction.

Now, Luis Eduardo Ramirez Icardi He is waiting for the Supreme Court to resolve his appeal. who was the husband of Monica Oltra He demands that he be judged by a court other than the one on the two previous occasions and with the evidence of his defense that was rejected, including those that were requested to combat the aggravating circumstance of prevalation raised by the Prosecutor’s Office and that the court finally agreed.

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In the event that the Supreme Court does not order a retrial, Luis Eduardo Ramirez Icardiwho deposited 6,000 euros as compensation for the victim, proposes in his appeal that the sentence be lowered due to the delays in the case and the repair of the damage.

The management of this case of sexual abuse by the Ministry of Equality was denounced by Maite TM, now of age. Specifically, the victim of the sexual abuse for which the ex-husband of Monica Oltra denounced the “non-application of institutional action protocols in cases of suspected sexual abuse of minors and non-compliance with their duty of custody and the duty to report crimes that they know of may have been perpetrated against minors in their custody.”

[La llamada de auxilio de la víctima de los abusos del exmarido de Mónica Oltra: «Necesitamos ayuda»]

The Court of Instruction number 15 opened a case in which it charged thirteen people -among them a high-ranking official from the Ministry- and asked the Superior Court of Justice of the Valencian Community to summon to testify as investigated Monica Oltra, who until last week enjoyed privileges as a regional deputy. The magistrate Vicente Rios understood that there are “solid and rational” indications of the participation of the former vice president of the Generalitat in the alleged cover-up of the sexual abuse of a minor and the attempt to discredit the victim.

Image of Mónica Oltra taken the day she announced her resignation
Image of Mónica Oltra taken the day she announced her resignation – MIKEL PONCE

In an order dated June 16, the Civil and Criminal Chamber of the Valencian TSJ agreed to summon Monica Oltra as accused. The brief referred to the procedural situation of Luis Eduardo Ramirez Icardi. The Civil and Criminal Chamber recognized that the sentence that sentenced Mónica Oltra’s ex-husband to five years in prison “is currently pending an appeal” before the Supreme Court, but believed that this will not “prevent him from assessing the crimes imputed by the Public Prosecutor, since ultimately it simply refers to preventing an investigation and not giving the minor the due protection that their particular position imposed on them». The Prosecutor’s Office considered that the management of Monica Oltra could be constitutive of prevarication, abandonment of minors and omission of the duty to prosecute crimes.

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The order of the TSJ: “What is transcendent is the screen arranged in order to avoid contributing to the proper investigation of the facts”

The court order of the TSJ established that these infractions “could occur even if Mr. Ramírez Icardi was ultimately acquitted, since what is important is the screen arranged in order to avoid contributing to the due investigation of the facts and protect the minor, as was his duty, avoiding victimization secondary that has caused the treatment that was given to his complaint ». The brief referred to the possible crimes of prevarication either improper embezzlement.

However, some jurists disagree with these criteria, understanding that if the crime of sexual abuse could not finally be proven, the accusation of concealment would decline. In any case, Monica Oltra He has the defense because he was a partner of the accused at the time of the events.

The accusation, in the hands of the judge who cornered him

The Compromís leader resigned last week from all her positions in the Generalitat and resigned from the act of deputy, for which the TSJ has suspended her statement, scheduled for July 6. The case will now go to the Investigating Court number 15 of Valencia, which continues the investigation regardless of the outcome of the appeal filed by Luis Eduardo Ramirez Icardi before the Supreme Court, which could still take several months to be known, although it is expected before the end of the year.

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