After the delay of 11 October, today has finally taken place the trial of what happened in the Tubacex strike on 23 February 2021. A striker faces accusation of an attack on the authority and is asked for 14 months ' imprisonment and financial penalty.
The worker has defended his innocence and the basis for this has been, in addition to two witnesses and their statements, videos recorded by the citizens on the street and from their homes. In these images the operator shows black dress and white shoes. The video has been a constant benchmark throughout the trial, as the first disputes that have taken place that day have been fully demonstrated.
Although in the audiovisual field there is a clash with some agents, as the worker himself pointed out, it is evident that when the Ertzaines' aggression and the strike response occurred, he was absent and was four or five meters away from the disturbances.
Only statement by the complainant ertzaina
The Office of the Prosecutor calls on four officers to testify. One was the head of Llodio's operation, but the police of the Mobile Brigade have also been. Everyone speaks of a violent day (the head of the Laudio police station says they never touched so much in 30 years), but only agent 22166 says the defendant attacked him. The rest of the ertzainas refuse to see anything.
The head of the Laudio police station says they never played so much in 30 years.
Agent 22166, who demanded and suffered injuries, has declared that in the midst of the chaos he saw Tubacex's worker turn against him and met him for his black clothes and white footings. She confesses that she had already been "signed" by her appearance and that she has not been able to clarify the handful or injuries that the kick gave her.
Last words from the prosecutor and the defense
After the statements, it is the turn of the prosecutor and the defense attorney. The Prosecutor himself has acknowledged that only agent 22166 ' s statements are opposed to the defendant and that nothing illegal is apparent in the video. However, he has claimed the credibility of the police statement and suggested that the attack occurred at some point that does not appear on the video. He also tests the defiant attitude of the accused in the video.
For the defence, on the contrary, it is clear that the worker is innocent and has stressed that only the declaration of an ertzaina is against him as evidence. For the lawyer this is not enough and explains that only in the video of the incidents are there two seconds in which the defendant is not seen: "It's impossible to run four or five meters, attack the police and go back to where I was and stay in the same position during that time."
Lawyer Leo Barañano believes that the Ertzaintza accused the striker of the shock at the beginning of the video. As seen in the video, the operator did not withdraw from the road and the police pushed him covertly five minutes before the attack.
Thus, in addition to calling for acquittal, the lawyer recalled that it makes no sense for the current striker to be threatened by a 14-month prison sentence after a worker who was at the same trial and who caused more serious injury to two agents agreed to a four-month sentence.
