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Extremadura High Court Unanimously Rejects Bid to Recuse Judges in ‘David Sánchez’ Case

The court found no objective bias, leaving the Badajoz trial panel in place.

Overview

  • The Special Chamber of the Extremadura High Court dismissed the recusations filed first by former HR director Juana Cinta and later joined by other defendants.
  • The challenge sought to remove magistrates José Antonio Patrocinio Polo, Emilio Francisco Serrano Molera, and María Dolores Fernández Gallardo for their prior role in an appeal related to the case.
  • The ruling cites Constitutional and Supreme Court doctrine that earlier judicial decisions do not prove partiality unless judges replace the investigating judge or direct the investigation.
  • The applicants were ordered to pay costs, and the existing Audiencia Provincial de Badajoz panel will hear charges tied to an alleged ‘ad hoc’ post at the Badajoz provincial council involving David Sánchez and Miguel Ángel Gallardo.
  • The Prosecutor’s Office had advised against admitting the challenge, and the criminal proceedings now continue toward trial with the current court composition.