During the session of the 13th of March a “mosso d’esquadra” (the deputy inspector of the information brigade of the mossos d’esquadra, based in Sabadell was supposed to give a testimony concerning the part of the investigation related to the spanish state). That is, on the one hand, the obtaining of the DNA of our comrades, and on the other about everything related to the political “theories” concerning the financing of a terrorist organization.
At the beginning of the testimony the judge asked for his name and surname (as with all the other witnesses). The “mosso” only wanted to give his alias, Astor, saying that everything he did related to the case he had done as a cop and not as a person, hence he could only provide his “professional” identification. The defense lawyers demanded, in accordance to the German law, that he gives his full name. The mosso refused, backed up by the prosecutor, who said that this is no way to treat a guest. During the heated exchange between the defense and the prosecution the judge intervened, stating that the only case in which a witness is not obliged to identify themselves is when they fear for their physical integrity, something which has to be demonstrated with documents, and which the judge had discarded from the beginning.
The judge subsequently called for a break in order to discuss with the court. After some 20 minutes, everyone returned to the court room; the judge decided that in order to testify, the mosso would have to identify himself (since the German law prevails over the Spanish). The judge then asked the witness to call his superior to see if he would be authorised to identify himself. After another break the mosso declared that he was not authorised to do so. Finally, the judge said that the mosso would not be able to testify and, since he could not give his name, it would be difficult for the court to sign the refund for the plane ticket, so they could not pay for it. The mosso then left the room.
The session continued with reading part of the summary concerning the Spanish investigation. Everything which was confiscated during the raids on the 13th of April was sent to Germany, together with a report of the biochemical traces found on, for example, phones, computers, etc. There was also a forensic report of voice comparison between a phone call and a youtube video. The proof hereof was not conclusive, so no more data was discussed. Moreover, a phone bill was read out, which formed part of the documentation of the defense.
The comrades were in a good mood and could feel the heat and strength, the solidarity of those present in the court room. The next session will take place on the 20th of March at 09.00
11th and 12th day
During the sessions on the 20th and 23rd of March, bank employees testified. In general, up until now, the witnesses almost don’t remember anything, give statements contradictory to what they declared to the police at the time, and are not able to recognize either the accused or anyone present in the court room.
On the 23rd, one of the witnesses who in her statement said that she could not recognize any of the robbers, stated that upon seeing the photographs that were published by the local sensationalist newspaper she thought she recognized the man. Supposedly he had been one of the robbers wearing balaclavas, but the mouth and teeth seemed familiar to her. However, when the judge asked her for some details or descriptions of the robbers she contradicted herself and wasn’t very clear, hence the judge decided to call in her husband (who was with her when she looked at the photographs) as a new witness. He will declare on the 27th of March.
The session planned on the 3rd of April has been suspended. The German cop who carried out the investigation will declare on the 7th. He will also explain the Spanish part which the “mosso” could not do.