The Contentious Court of Las Palmas has once again rejected the request of the Canary Coalition, which intended to annul the precautionary suspension of the expulsion of Juan Manuel Sosa from its group. CC requested that this precautionary measure be lifted after the dismissal of the case that motivated it, due to the complaint filed by Sosa against Pedro San Ginés and the rest of the group's councilors for threats, falsehood and violation of his fundamental rights. However, the Court has rejected its request, because the dismissal of that complaint is not final.
According to the Cabildo, in a resolution issued on October 14, the Court rejects the request of the Canary Coalition, considering that the “criminal prejudice” will be maintained in the contentious-administrative process “until a firm and definitive resolution is issued on Sosa's complaint in the criminal jurisdiction, which will occur when no appeal can be filed against that resolution.”
This procedure, parallel to the criminal one, began when Juan Manuel Sosa appealed the expulsion agreed by the nationalist group, relying on the existence of numerous irregularities in the sanctioning procedure, including the possible falsity of the Political Group Regulations.
As a result of this "suspicion of falsehood", the expelled councilor expanded a complaint previously filed against Pedro San Ginés for threats, including alleged crimes of document forgery, in which he also included the rest of the CC councilors. The existence of this criminal investigation caused the Contentious Court to paralyze the processing of the procedure, understanding that the result could be relevant to the final decision in the contentious procedure, which is known as criminal prejudice.
Later, the judge who was investigating the criminal case dismissed the proceedings, understanding that there were not sufficient indications of a crime, although Sosa has appealed that decision. Therefore, pending the resolution of that appeal, the Contentious Court understands that the precautionary suspension of his expulsion must be maintained.
From the government group of the Cabildo they point out that "the position and rights of Juan Manuel Sosa, therefore, remain intact, with the expulsion of the Political Group suspended until the contentious-administrative procedure is finalized and this, in turn, paralyzed until a definitive resolution is produced in the criminal matter".
