The Civil and Criminal Chamber of the Superior Court of Justice of the Balearic Islands (TSJIB) announced on Thursday that the planned trial against the former Cursach case instructor, Judge Miquel Florit, in the framework of the so-called mobile case will begin next 27 February
Florit had been the magistrate who at the end of 2018 ordered the requisition of the mobile phones of two journalists who had been informatively covering the Cursach case, after various reserved information had appeared in the press. That decision was denounced at the time by those affected and by the means in which they work. Finally, the now retired judge Florit will now be tried as the alleged perpetrator of the crimes of judicial prevarication, against the inviolability of the domicile, against the exercise of the right to professional secrecy and illegal interception of communications.
It should be remembered that in the Cursach case, the existence of a supposed plot of police, political and business corruption is investigated, whose alleged driving force would be Majorcan tycoon Tolo Cursach, who for decades was the main businessman in the Balearic nightlife sector . The key to the aforementioned alleged plot would be that, presumably, Cursach would have had for years the “protection” of police, political positions and officials, who would have favored their businesses and harmed those of the competition in exchange for gifts and gifts . For its part, Cursach has always denied the existence of that possible plot.
A long process
The instruction of what is now known generically as the Cursach case was initiated more than five years ago by Judge Carmen González, who left the cause for a change of destiny. Next, Judge Manuel Penalva and prosecutor Miguel Ángel Subirán went on to deal with the case. Subsequently, in March 2018, the Criminal Judge would be removed from the case by the Provincial Court of Palma for “loss of appearance of impartiality.” The substitute of Penalva at the head of the investigation of the Cursach case became the aforementioned judge Florit, who took charge of the various separate pieces of said case that were already underway.
Once the Cursach case instruction was already taken, Florit decided two years ago to open another separate piece, which, in an unexpected turn of events, is what has finally led the magistrate himself to now sit on the bench. It should be remembered that Florit had opened that new separate piece to inquire about the alleged journalistic leaks that had been taking place for some time in the Cursach case. This separate piece was opened by Florit following the previous complaint filed in the summer of 2018 by Cursach himself after the publication in the media of various reserved information.
One of the decisions taken by Judge Florit once he decided to open that separate piece was to order on December 11, 2018 the seizure of the mobiles of the journalist of “Diario de Mallorca” José Francisco Mestre and the editor of Europa Press in Palma Blanca Pou The magistrate returned the mobiles to Mestre and Pou on January 4, 2019, certifying that these phones had not been finally opened and that their contents had not been examined. Even so, as of December 2018, “Diario de Mallorca” and Europa Press had filed a complaint against Florit. Shortly after, the Efe Agency was also represented as an equally injured party.
Subsequently, in April of last year, Florit appeared before the TSJIB as a defendant, denying having violated the professional secrecy of journalists. Finally, last September the judge of the TSJIB Felisa Vidal decided that Florit should finally sit on the bench. In that context, Florit asked the General Council of the Judiciary (CGPJ) last year to process his early retirement, a request that was granted. .