The Court of Gipuzkoa has acquitted the parents accused of attempting to kill the child
The Gipuzkoa Provincial Court has acquitted the parents after accusing them of attempting to kill the child, concluding that it has not been possible to prove that the girl's injuries had a traumatic origin or were the result of a stroke.
The First Section of the Gipuzkoa High Court considers that the evidence in the oral trial does not conclude that the injuries detected to the child when he was admitted to Donostia Hospital for two months were intentional.
The ruling states that the so-called triad of injuries, brain edema, hemorrhage in the retina and subdural hematoma cannot in itself be considered indisputable evidence, since, according to the current medical school literature, other elements are required to confirm that he was beaten. In this case, the Chamber adds, there is no recordof other traumatic injuries, a history of ill-treatment, or an unfavourable social, family or care context.
In addition, the judges point out that medical reports have been submitted during the proceedings indicating the existence of natural and non-traumatic pathologies in the minor, some detected before and after childbirth, as well as a possible genetic condition. They also recall that, months after hospital discharge, a new subdural hemorrhage was detected, but that there was no indication that it might be the result of another shock, which reinforces the hypothesis of a non-traumatic origin of injuries.
In its decision, the Court concludes that there are reasonable alternatives to the traumatic cause upheld by theprosecution, and that it has therefore not been proved that the beating of the child is the basis of the attempted murder, and therefore, in the absence of any evidence of criminal relevance, both parents have been acquitted.
The Court adds that even if a shock had been declared proven, there would not be sufficient evidence to incriminate any of the defendants, since the exact timing and perpetrator of the alleged assault could not be determined.
The judgement is not final and may be appealed to the Civil and Criminal Division of the High Court of the Basque Country.
You might like
A 36-year-old Basque mountaineer was seriously injured in Asturias when a rock fell as he climbed
Apparently, the stone has fallen about 300 metres above where the woman was, who has suffered severe head trauma and has been transferred to the Asturias General University Hospital (HUCA).
Hundreds of people received the Freedom Flotilla ship in the Basque Country
He plans to stay in the Basque Country until Tuesday, the 8th, when he will leave for Vigo and then continue to other areas of the Mediterranean. During the ship's stay in Bilbao, various events have been organised, including conferences, performances, a Palestinian fair and a press conference with activists from the flotilla.
A 25-year-old woman has been arrested in Elciego on charges of running over her partner
He has been charged with attempted murder in the area of domestic violence. The incident took place around 7.30 a.m. on Saturday morning. The detainee has been transferred to police stations and, once the proceedings have been completed, will be brought before the court.
A 20-year-old boy died on Lekeitio's Geese Day after falling off a fence; the celebration was suspended
The young man, who was in the harbor following the test of geese, has fallen from a height of about two metres. Thousands of people have gathered in Lekeitio today and the event was developing normally until the accident.
Nearly 4,000 people have gathered at the Sagardo Eguna in Donostia
They have the opportunity to taste cider from 32 cider shops in Gipuzkoa. They have threatened the day with music from trikitilaris and bertsolaris. One of the most emotional moments has been the act of tribute to Jabier Ansorena and Marian Matas.
September 5th has been declared Local Democratic Memory Day in Irun
The Irun City Council has declared 5 September as Local Democratic Memory Day, with the support of all the political groups of the City Council, which today commemorated all the Iranians who suffered a military coup, war and dictatorship.
The Ertzaintza arrested a man in Urduliz accused of throwing bottles at three people
The attack took place at around 6.20 p.m. near the metro station, where a group of some 200 people had gathered in the vicinity, and the detainee had previously been arrested for similar events.
Three people have been arrested in Gernika on charges of forcing a 14-year-old pregnant girl to marry
An investigation is also under way into a 17-year-old, the alleged father of the child, who has not been located.
Tests on the Mole's underground passage trains begin next week
The infrastructure will be available by Christmas, according to the forecasts of the Basque Government.
The alleged perpetrator of Barakaldo's murder is still at the police station awaiting testimony before the judge
The Ertzaintza continues to investigate, and early hypotheses suggest that "sentimental" may be the cause of the incident.