Madrid (EFE)
The high court upholds the appeal for review of the convicted person against the final sentence handed down by the High Court, which imposed 24 years in prison for two crimes of rape and two offenses of injury to Ahmed Tommouhi, who was released on conditional release on September 18, 2006 after serving more than three quarters of his sentence.
The appeal was based on new evidence such as expert reports on the semen found in an intimate garment of the assaulted woman and that does not correspond to the markers of the convicted person.
As stated by the defendant in his appeal, said reports were made in 1992 by the Scientific Police of Barcelona but they never came to the attention of the court despite being an admitted piece of evidence that was part of the procedure given that the experts did not come to testify at the oral hearing and the Court did not suspend the trial for its summons.
The Supreme Court will publish the entire sentence
The Supreme Court advanced the ruling to the parties this Thursday and will make the full sentence public in the coming days.
Ahmed Tommouhi was released on conditional release on September 18, 2006 from the Can Brians prison (Barcelona), in accordance with article 192 of the Prison Regulations and after having served more than three quarters of his sentence.
This Moroccan citizen and his compatriot Abderrazak M. were imprisoned in 1991 to serve sentences totaling more than two centuries in prison for various crimes of robbery and rape, although the Prosecutor’s Office requested pardon for both of them doubting their authorship.
The then chief prosecutor of Catalonia, José María Mena, signed a pardon proposal to the Government in April 1999 two years after the Supreme Court annulled one of the rape sentences against Ahmed Tommouhi because DNA analysis showed that the semen of the victim belonged to the Spanish citizen Antonio GC
Antonio GC was sentenced to a total of 228 years in prison for attacking and robbing five couples of boyfriends or friends in 1995 in the towns of Santa Coloma de Cervelló, Esparreguera, Sant Feliu de Llobregat, Castellbisbal, L’Arboc del Penedés and Sant Boi de Llobregat.
This man, who was acting in the company of another person, bears an extraordinary physical resemblance to Tommouhi.
José María Mena explained when proposing the pardon, which was not finally granted, that he did not have solid evidence to request the Supreme Court to review the sentences for the crimes of rape for which Tommouhi and Abderrazak M., who died in prison, were imprisoned in April 2000.
Now the Supreme Court has annulled the sentence that was pending review.
In an interview with EFE TV on September 26, 2006, Tommouhi, who is currently 72 years old and who never asked for the pardon proposed by the prosecutor since he always denied being the perpetrator of the crimes, asked the judges to review his case to recover his honor and that of his family.