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Lawyer Pedro López says that the press release issued by Ganar Totana on the ruling of the TSJ is a "cluster of biased lies" (30/07/2019)

In honor of the truth

The truth triumphs by itself, the lie always needs complicity

Epictetus of Phrygia

THE NOTICE PUBLISHED BY THE COALITION "WIN TOTANA-IU" IN "TOTANA.COM" , DATE 28-7-19, ON THE JUDGMENT DECLARED BY THE SOCIAL ROOM OF THE SUPERIOR COURT OF JUSTICE OF MURCIA, IN RELATION TO THE ESTIMATION PARTIAL OF THE APPLICATION OF SUPPLICATION INTERPUTED BY THE CURRENT MAYOR OF TOTANA AGAINST THE CITY COUNCIL OF TOTANA, IS A CUMULUM OF TRENDING LIES S, IMPROPRIATE OF ANY DEMOCRATIC POLITICAL PARTY.

First of all, we must say that the editor or editors of such a note is or are completely ignorant of the Law, who have hidden behind a sentence that they have not published in full (they have only done so on the first page) to give plausibility that Your sayings are real.

But now, giving full publicity to the sentence, which accompanied the present note, whoever reads it will verify that everything that is said in that note is a complete lie , except that the request of the current mayor of Totana is estimated as to to declare their right to re-enter Totana City Council as labor personnel, occupying the job of 1st official of the Municipal Water Service, vacant for the retirement of Mr. Rodrigo, and condemn the defendant municipality to that, in concept of compensation for the damages and losses suffered, pay the actor the salaries no longer received from 8/29/2014 until the reinstatement takes place, being able to discount the periods of time during which the provision of services of a labor nature is incompatible with the performance of another position for the defendant town hall.

The remaining pronouncements of the contested judgment are maintained (sic in the ruling of the judgment in question).

Therefore, and for all totaneros to know, the facts chronologically are:

1. The current current mayor of Totana files a lawsuit against the City of Totana in which he requests:

1.1 Your right to re-enter the City Council of Totana as labor personnel with the category of Subcapacity (Cf. Background of Fact First, seventh section).

1.2 That the violation of their constitutional rights contained in articles 14, 23.2, 24, 25, 16 and 20.1 of the Spanish Constitution be declared (Cf. Fundamental of Right First).

2. By the Social Court Number Two of Murcia, through sentence, all its claims were dismissed.

3. The current mayor of Totana appealed to the Social Chamber of the TSJMu, reaffirming his claim.

4. The Prosecutor's Office, in its brief of allegations, understood that there had been "political persecution" which, however, the judges dismissed as will be seen below.

5. The second instance judgment that is now published, recognizes the appellant ONLY HIS RIGHT TO REINCORPORATE THE OFFICIAL VACANT POSITION (NOT SUBCAPATAZ BECAUSE IT NO LONGER EXISTS IN THE RPT) WITH THE COMPENSATION THAT HAS BEEN ABOVE TRANSITED LITERALLY.

6. THE JUDGMENT MAINTAINS, IN DIFFERENT PLACES OF THE SAME, THAT THERE HAS NOT BEEN A VULNERATION OF ITS CONSTITUTIONAL RIGHTS OR ANY POLITICAL PERSECUTION AS IT IS AFFECTED IN THE TRENDY AND LITTLE NOTE PUBLISHED BY WINNING TOTANA-IU.

7. STILL MORE: ONE OF THE THREE SIGNING MAGISTRATES OF SUCH JUDGMENT ISSUING A PARTICULAR VOTE FOR UNDERSTANDING THAT THE RESOURCE SHOULD BE DISMISSED IN ITS TOTALITY, KEEPING THE JUDGMENT OF THE SOCIAL COURT NUMBER.

TWO FROM MURCIA.

THEREFORE, THE DECISION HAS BEEN MADE BY TWO VOTES IN FAVOR AND ONE AGAINST.

Having said the above, I am going to quote textual words from the ruling on the absence of violation of the fundamental rights of the current mayor by the City Council that he now chairs.

Thus, in the Fourth Law Foundation, in its last two paragraphs, we can read textually:

"The refusal to re-enter because it is a vacancy of a different category than the one held by the actor (sub-capacitor) when serving for the last concessionaire of the public service, although it has not been admitted as valid by this sentence, nor can it be classified as unfounded or unjustified, in order to be able to affirm that it has occurred as a reaction to the activity carried out by the actor in his capacity as councilor and spokesperson of the municipal group of IU; it must be taken into account, once again, that the The position of the defendant town hall has not been the negative subrogation in the contract of employment of the actor, but that of granting him the situation of voluntary leave in the face of the apparent incompatibility with his activity as a councilor.

Consequently, this Chamber shares the criterion of the judgment under appeal in that it does not appreciate that the refusal to re-enter the actor is motivated by the political action of the actor and it is necessary to reject the violation of articles 14, 16, 20, 23, 24 and 25 of the EC that are denounced as violated. "

Also in the judgment ruling, as already stated above, it states that the remaining pronouncements of the contested judgment (sic) are maintained or, in other words: the violation of articles 14, 16, 20 must be rejected. , 23, 24 and 25 of the EC that are denounced as violated (Cf. FD Fourth, last paragraph).

Therefore, where is the violation of fundamental rights of the current mayor of Totana because of "political persecution"?

As you can see, it is a gross lie.

Hence, he has not published WIN TOTANA-IU the entire sentence because, in that case, "he would have seen the duster."

It follows that the councilors who are currently in the town hall of Totana and that are cited in the note published in Totana.com, Félix Cayuela (PP) and David Amorós (Citizens) have not been labeled as "bad faith "as they say, also torticera and tendentious.

If the editor of the note knew a very small part of Law, he would know that no judge can cross out a person in bad faith out of the process.

The concept of bad faith advocated by the note against the councilors cited, that is, in the sense of "bending or alevosía" can not be dictated by any judge.

The concept of bad faith, which is certainly mentioned in the sentence, by the City Council of Totana and not by any particular councilor, refers to "bad procedural faith", that is, within the process.

And it has been commented (with very good judgment in my opinion) by the judges "because the arguments of the defendant City Council exposed on the occasion of the challenge must be, not only rejected by the effect of res judicata produced by said judgment, but, in addition, the challenge has characters of bad faith [procedural], since in the process of reference the position of the city council was exactly the opposite to the one that it maintains on the occasion of the challenge of the present resource, when rejecting the forced excess "(they are words text that can be seen in the Third Law Foundation).

Gentlemen of WIN TOTANA-IU, where have you read that councilors Felix Cayuela and David Amorós have been labeled "bad faith"?

Moreover, where do such names appear in the sentence?

We must be more honest, gentlemen of WIN TOTANA-IU, when news is given to the people of Totana.

All totaneros deserve respect, we deserve to be told the truth and the whole truth, but not, as you do, tell us false news to undermine the image of certain people.

And they deserve especially those who have voted for them and who have done so because they believe in their honesty.

Do not deceive them because, later, the polls will know how to discern the truthful of liars and liars.

Could all this string of lies have any relation to the first decision taken by the current municipal government team, which consists in raising the salaries of all the councilors of WIN TOTANA-IU from € 19,000 / year to € 29,000 / year (a rise of 52.63%) and what will be debated in the next plenary?

I have no problem publicly debating all of the above, on any totanera or radio television network, with the editor of the note so often mentioned.

I look forward to your invitation if you find it convenient.

All of the above has been done in a private capacity, like any other citizen who loves truth, without any acrimony to anyone and without mentioning names other than those of the councilors mentioned by WIN TOTANA-IU.

All people and institutions deserve the maximum respect.

It has only guided me the desire to leave the script of the TRUTH as high as possible, as indicated by the title of this note.

PEDRO LÓPEZ MARTÍNEZ.

Those interested in consulting the full sentence can access:

http://www.poderjudicial.es/search/indexAN.jsp

In "Location", choose " Murcia ".

in "Resolution No.", type " 642/2019 " and click on Search

Source: Pedro López Martínez

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