The Superior Court of Justice of the Community of Madrid (TSJM) overturned the acquittal of the leader of the neo-Nazi group Hogar Social Madrid (HSM), Melissa Dominguez, for the crime of inciting hatred. On March 22, 2016, after the jihadist attacks in Brussels, he led the attack against the M-30 mosque.
This is stated in the proposal, accessed by Europa Press, in which the magistrates evaluate the appeals of the Public Prosecutor and the Spanish Network Association for Immigration and Refugee Aid against the judgment of December 12, 2022, dictated by the Fifth Division of the Provincial Court of Madrid, which acquitted Dominguez and the other defendants.
The nullity of the said decree is thus declared, and the cause being reversed, the cause is returned to the originating authority for a new sentence to be imposed by the same department. The chamber will overturn the acquittals of Dominguez and eleven other members of the group for crimes of incitement to hatred and public disorder. And this leaves in vain the decision to impose 50% of the procedural costs on the Spanish Immigration and Refugee Aid Network.
The magistrates state that “the essential reason for the reversal is that they are unaware of the critical analysis of the facts by the provincial court, lacking the full and narrative explanation of what happened that it seems to have wanted to do.” Use of photographs or footage broadcast on an open channel, the author of which is also unknown.”
In short: because we did not rule on the interpretation of the evidence (rationality), but instead declared the sentence null and void because of obvious motivational flaws (inadequacy), we found no obstacle to the same Chamber conducting the trial. The proposal should be reworked to correct the flaws that we have assessed in the previously analyzed points,” he adds.
During the trial, which took place in October, Melissa Dominguez reiterated that she regretted nothing and would not change “a single thing” about the protest outside the mosque that night for “terrorist jihadist financing”. The statement that he published on the social network.
He said that he chose, without prior planning, the M-30 mosque because of the investigation that was ongoing in the national court, which was published by various media and gave “hints of the financing of terrorism with a kind of revolutionary prayer tax”. .
The prosecutor then agreed to grant his request for a three-year prison sentence for the HSM leader for his association with Islamic terrorist jihadism in a protest he led on March 22, 2016.
Source: El Diario
