The Sixth Section of the Provincial Court has ratified the dismissal of the case against Pedro San Ginés for a complaint filed by Juan Manuel Sosa for an alleged crime of threats and falsification of the Group's regulations, which was later extended against all the councilors of the Canarian Coalition. This resolution is pronounced in the same line as the Court of Instruction number 2 of Arrecife, which agreed to the provisional dismissal of the case.
Juan Manuel Sosa has reported that his lawyers are going to ask the Provincial Court to clarify the "incongruity" in which it has incurred in the filing of his complaint against the councilors of the Canarian Coalition and will exercise the "necessary actions" to invalidate this dismissal order because it considers that it incurs in an "essential error".
Sosa accused San Ginés and the Canarian Coalition group of allegedly falsifying the regulations that were used to get the Cabildo Plenary to take note of his expulsion from the nationalist group. The instruction was carried out by Magistrate Jerónimo Alonso.
In this way, the Provincial Court considers that the alleged illegality in the expulsion of Sosa as part of the Political Group in the Cabildo must be resolved before the courts of administrative litigation. According to the testimony of José Manuel Sosa, the Court would start from the "erroneous premise" of considering Sosa as affiliated to the Canarian Coalition. Sosa himself maintains that he was not a member of the nationalist party, but part of another political formation (San Borondón) that ran in the elections together with the aforementioned group for an electoral agreement.
"It incurs in a serious error when considering that the falsification of the regulation would not have criminal relevance, because it starts from the erroneous premise of considering that José Manuel Sosa was affiliated to the political party of the Canarian Coalition", Sosa himself issued in a statement.
According to Sosa's interpretation, the aforementioned order argues that "when someone joins a party, it is evident that they run the risk that a conduct contrary to its statutes will lead to expulsion from it." However, he points out that "this is not the case", because on this occasion it would be "the expulsion of an institutional political group of a councilor from another party, which does not derive from his affiliation to the Canarian Coalition, but from his inclusion in an electoral list resulting from the agreement" reached between Sosa's party and the Canarian Coalition.
This assumption, according to Sosa's interpretation, "gives rise to duties and rights completely different from those derived from affiliation to a party".
