Court in Girona Acquits Repeat Offender from Blanes Due to Evidence Error. A court in Girona has acquitted a man accused of sexual harassment and possession of child pornography. The key piece of evidence—data from his phone—was deemed inadmissible. The prosecution had sought over 37 years in prison.
In Girona, a court acquitted a man previously convicted of sexual offenses against minors, after the main evidence in the case—the contents of his mobile phone—was deemed invalid due to a procedural error. The accused, a resident of Blanes, faced more than 37 years in prison for producing and possessing child pornography, as well as for contact with four minors, including two girls with disabilities. However, the judges ruled that the evidence was obtained unlawfully and refused to consider it.
Error in obtaining evidence
As reported by EL PAÍS, the pivotal moment occurred during the arrest. The man was detained by the Mossos d’Esquadra police in the summer of 2018 following a complaint from one of the victims' families. During the search, he voluntarily handed over documents, a belt, shoelaces, and his phone. Later, he agreed to a house search and provided access to computers and cameras, but did not give permission to review the phone. Several days later, the police requested a judge's authorization to examine the devices, including the phone, but the judge issued a simplified warrant without stating reasons. According to the court, this violated the defendant's rights to privacy and confidential correspondence.
Consequences for the case
As a result, all data obtained from the phone was ruled inadmissible. The device contained 89 files with images of minors, including explicit sexual content, as well as correspondence with victims. However, the judges emphasized that even if these materials support the accusations, they cannot be used as evidence. The remaining evidence found on other devices was insufficient for a conviction.
Investigation details
During the investigation, it was revealed that the defendant had already served a sentence for similar crimes and was on the third level of the penitentiary regime, which allowed him to leave prison during the day. According to investigators, he posted ads on Instagram offering intimate video chats to girls aged 12–16, promising gifts or money. The family of one of the victims discovered the correspondence and contacted the police. However, due to the main evidence being declared invalid, the court was unable to establish his guilt in most of the episodes. A similar situation with the invalidation of evidence has already occurred in other high-profile cases, for example, when a fine for public demonstrations was overturned due to procedural violations.
Prosecutor's response and next steps
The prosecution requested more than 37 years in prison for the accused under charges of producing and distributing child pornography, online grooming, and making threats. Measures such as restrictions on freedom, no-contact orders with the victims, and compensation were also proposed. However, the court found the evidence insufficient and delivered a not-guilty verdict. The decision is not final and can be appealed to the Supreme Court of Catalonia.
