Overview
- The majority found that Álvaro García Ortiz, or someone close to him with his knowledge, leaked a lawyer’s email about a potential plea involving Isabel Díaz Ayuso’s partner and then drafted a note that disclosed confidential details.
- The court relied on a convergence of indicia including the timing between receipt and publication, a four‑second call record with a journalist, and the deletion of device data, concluding there was no reasonable alternative explanation.
- The dissent by justices Ana Ferrer and Susana Polo argues the evidence is insufficient, highlights journalists’ testimony that they accessed the email from other sources, and notes broader access to the document within prosecutorial offices.
- The majority deemed the Fiscalía’s public note a breach of a reinforced duty of reserve, stating a prosecutor cannot answer false reports by committing a crime, while the dissent frames the note as a necessary clarification to counter misinformation.
- Reactions underscore political sensitivity and internal tensions in the prosecution service, with further appeals expected, and former Supreme Court magistrate Joaquín Giménez criticizing the ruling as converting doubt into certainty and harming press‑freedom norms.