This is how it appears in two orders issued on September 21 and October 26 by the Court of Instruction number four and the Third Section of the Court of Seville, respectively, and disseminated by the Communication Office of the Superior Court of Justice of Andalusia (TSJA).
Let us remember that the Court of Instruction number four of Seville, in the framework of the piece corresponding to the search for the body of Marta del Castillo, had attended to a request from the family so that said line of investigation covered the “raw data” of mobile phones related to the facts.
In this framework, on September 21, the Investigating Court number four of Seville issued a decision, accounting for the “reports issued by the operators” of mobile telephony regarding the terminals of Miguel Carcaño and Marta del Castillo, for their transfer to the designated expert so that he himself “presents a report, remembering to file this piece as long as” said report is sent.
The Third Section of the Court, on its side, issued an order on October 26, dismissing an appeal by the victim’s family, against a previous order issued in February of this year authorizing an expert to access the “raw telephone data” of the mobile phones that Miguel and Marta del Castillo had on the date of the events; but excluding from said measure “the rest of the telephone terminals”, alluding to the cell phones of other people tried for the crime, as is the case of brother, Francisco Javier Delgado his girlfriend the young Francisco.
The first three, let’s remember, were acquitted after the trial held in 2011 against the adults accused of this crime, while in the case of Cuco, he was convicted by a Juvenile Court for covering up the murder perpetrated by Carcaño and, already this year, the Criminal Court number seven has sentenced him and his mother to two years in prison for the crime of false testimony, in their appearances as witnesses in the aforementioned trial held in 2011 against adults.
The parents of Marta del Castillo will challenge the file of the separate piece of the search for the body The Third Section of the Court dismisses the appeal of the parents of the victim “as the new doctrine of the Supreme Court is applicable which considers the investigation term to have expired without previously agreeing to its extension, as said statement was not interested in the accusations, an effect that must be appreciated in these proceedings.
Which began on November 9, 2009” as a “separate piece to continue the efforts to search for and locate the body” of the victim, “without subsequently issuing a resolution to extend the investigation period.” THE PREVIOUS DECISIONS The Third Section of the Hearing wields the finality of the sentence of the Supreme Court after being appealed in cassation the sentence of the Seventh Section of the first instance on the main piece initiated with respect to this crime as well as the second file of the proceedings initiated against Francisco Javier Delgado.
Brother of on account of the accusations in which he accused him of being the true author of the crime. Citing extensive jurisprudence, the Third Section of the Court declares in this way that “the investigation phase has been concluded given the duration of the investigation”, specifically “12 years, eleven months and 17 days”, which “also prevents having taking into account the agreed actions once the instruction period has ended, in accordance with the jurisprudential doctrine.
Without resulting in any criminal action unrelated to the one that was prosecuted in the main or main piece”, settled with the conviction of Miguel. Thus, the court dismisses the appeal of the victim’s family and thereby confirms the denial of “the practice of new evidence proceedings”, in this order against which there is no “ordinary appeal”, while the decision of The file of the Investigating Court number four was subject to an appeal for reform.