Prosecutor won’t sentence Mas, Ortega and Rigau to prison for the 9-N symbolic vote on independence

The public prosecutor won’t charge former Catalan President, Artur Mas, former Catalan Vice President, Joana Ortega and former Minister for Education, Irene Rigau for misappropriation of public funds in relation to the 9-N symbolic vote on independence, which took place in 2014. Although this crime was included in the first lawsuit against the trio, now the body understands that the expenses related the organisation of the non-binding consultation were committed before the Spanish Constitutional Court’s (TC) suspension. However, the attorneys urge Catalonia’s Supreme Court (TSJC) to ignore the appeals presented by the defences for the accused and summon them for alleged disobedience and perversion of justice. They consider that Mas, Ortega and Rigau ‘pretended’ for the consultation to have a voluntary nature but ‘it wasn’t actually like that’.

The public prosecutor considers that ‘the fact of committing the expenses and hiring the required services prior to the TC’s suspension, make this compromise legal at the time it was taken’ and that ‘not paying what was committed’ would have led to ‘the contractors’ complaints’.

Thus, considering the alleged crimes which are still included in the lawsuit, the accused could be banned from public service but not imprisoned.

Accusation for alleged disobedience and perversion of justice to proceed
However, it urges the TSJC to ignore the appeal made by the defences for the accused calling the judge to close the file. The attorneys consider that the three politicians summonsed continued after the suspension to be behind the organisation of the symbolic vote and accuse them for alleged disobedience and perversion of justice. Moreover, the public prosecutor consider that Mas, Ortega and Rigau ‘pretended’ for the consultation to have a voluntary nature but ‘it wasn’t actually like that’.

Mas, Ortega and Rigau, who declared before Catalonia’s Supreme Court (TSJC) last October, admitted that because the consultation was prohibited by the Spanish Constitutional Court on the 4th of November, 5 days before the referendum was due to take place, the Catalan government was forced to turn it into a ‘participative process with far less guarantees’, stated former Catalan President, Artur Mas, during his trial. According to Mas, after the Spanish Constitutional Court’s suspension the Government started ‘an intense reflection process’ and analysed the steps to take together with the judicial services. The initiative took on a voluntary nature and by the 4th of November ‘was unstoppable’.