35 points to learn about the Cuatrecasas-Martínez caseAttempt against honor, basis of the civil lawsuit against Bishop SatuéWhat is Canon Law and what is it for?The Gaztelueta case, a complex and lengthy judicial processhas recently registered a new event. On March 3, a religious information portal leaked the sentence handed down by Msgr. José Antonio Satué against Professor José María Martínez. The judge considered the accusations proven and decreed the expulsion of the numerary from the Prelature.
One aspect that has attracted attention is that the document is dated December 17, but was not communicated to the parties until almost three months later due to "other non-delegable and unpostponable obligations" of the judge.
Legal assessments of the judgment
Legal sources consulted by Omnes have expressed their surprise at the decision of Msgr. Satué, given that, although he was commissioned by the Vatican to thoroughly investigate the evidence in the case, "he has not carried out any new investigation. He has simply reproduced the sentence of the Spanish Supreme Court, which at the time reduced the professor's sentence from 11 to 2 years in prison".
It should be recalled that Judge Marchena, who instructed the case in the Supreme Court, pointed out that the legislation did not allow him to invalidate the evidence previously considered by the court of the Basque Country. However, he criticized the fact that the trial judge gave full credibility to the prosecution's experts without taking into account those of the defense.
Questions on the new ruling
Despite having been given full powers to conduct a new investigation, Judge Satué has been criticized for not having considered numerous pieces of evidence presented by the defense. These include the refusal to admit the reports of the defense experts, the exclusion of the polygraph test conducted by the defendant and the inadmissibility of the exhaustive innocence verification report prepared by five jurists. The latter document was mentioned in the judgment without any justification for its exclusion.
In addition, the resolution does not include the copy of the initial investigation conducted by the Vatican under the direction of Silverio Nieto, which has never been made public and is considered key to the defense. Neither were Nieto's testimonies admitted, nor the letter of Cardinal Ladaria, prefect of the Dicastery for the Doctrine of the Faith and highest authority of the body responsible for the ecclesiastical investigation in 2015. Likewise, the request for access to Cuatrecasas' medical records, requested to the Department of Health of the Basque Country, was rejected.
According to the sources consulted, "the judge has not conducted any new investigation, but has determined what evidence can be taken into account without offering a public justification for his decisions".
Lawsuit against Judge Satué
Professor José María Martínez filed a lawsuit against Judge Satué for alleged violation of his right to honor. The request was admitted and the case is still open.
On March 3, in fact, Satué was summoned before a court in Pamplona to present documentation on the process requested by the judge in the case, but no documentation has been delivered and the hearing has been postponed.
Although a possible conviction against Satué would not have direct consequences on the published sentence, it could affect the credibility of the procedure carried out by the bishop of Teruel.
Statements by José María Martínez
In a published statement on March 3 on his blog, Martinez has reaffirmed his innocence and announced that he is considering filing an appeal against the decree with the Apostolic Signatura, the highest Vatican tribunal to which he can appeal.
He has also communicated his decision to request his departure from Opus Dei, stating that "with great regret, I have written a letter to the Prelate of Opus Dei in which I request my departure from the Work. I prefer to leave rather than be a problem". Nevertheless, he emphasized that "since this process began, I have felt understood and accompanied by many people in Opus Dei" and that he will continue to consider it his spiritual family.
He ended his message with a reference to St. Josemaría Escrivá, founder of Opus Dei: "St. Josemaría said that nothing bad can ever come to us from the Church. My case seems to indicate the opposite, but it is not so. I also learned from the founder of Opus Dei that God brings great good out of great evils. I am sure that on this occasion it will also happen.
