The Court of Seville once again rejected the investigation of the mobile phones of some of those tried for the crime of Marta del Castillo, who were acquitted in the trial, because it would affect the "fundamental rights of people who have already been tried."
The third section of the Hearing dismisses in an order the motion for nullity presented by the parents of Marta del Castillo against an order of October 2022 that already dismissed the investigation into the motives of Francisco Javier Delgado, the brother of Miguel Carcaño -convicted of the murder of the young woman-; María García, Delgado's girlfriend; Samuel Benítez, a friend of Carcaño, and Francisco Javier García, known as El Cuco, who was sentenced for concealment by a Juvenile Court.
The court order, dated March 24 and provided by the Andalusian Superior Court of Justice (TSJA), in addition to rejecting the request for annulment of the order dated October 26, 2022, condemns the parents of Marta del Castillo to payment of the costs caused in this nullity incident.
The Court recalls that the separate piece opened with the purpose of continuing the search for Marta's body has already been closed and ensures that "in no case is it appropriate to maintain a sine die investigation, without justification for judicial intervention and, less when what is intended It is the practice of new proceedings that affect the fundamental rights of people already prosecuted".
However, the order indicates that the search for Marta's body "has no time limit" and that "any inquiries deemed necessary" can be carried out, but without this implying "the continuation of a procedure that has already been completed and, even less, affect the fundamental rights" of judged persons.
Miguel Carcaño's phone is being analyzed, with the authorization of the convicted person, as well as that of Marta del Castillo, to see if they offer any information about the movements they made on the day of the crime, January 24, 2009. In fact, a specialized company has carried out an expert opinion on Carcaño's telephone number, which will be handed over to the judge.
The executive director of the company Lazarus Technology told EFE on March 23 that this study offers "juicy information" on the movements of the person convicted of the murder of Marta del Castillo.
