Video 4 - Evidence of Destruction of the Taking of Evidence

From a trial record, two inventories matter: that of what is missing and that of what remains. This annex provides both — and the order that explains the first.

The order, in its own words

No, no, do not record the conduct of the taking of evidence.
— Record of the plenary, session of 31 January 2019 (around 12:09); sequence playable from this card

Article 743 of the Criminal Procedure Act orders the recording of the sessions of the oral trial: the recording is the record. The instruction not to record the taking of evidence — the heart of the trial — appears in the courtroom's own system.

What is missing

• Stretches of the taking of evidence with no audiovisual record, identifiable from the discontinuities of the delivered material against the system's original files (A.39.3).
• The initial stretch of 11 minutes of the staged opening (A.18) and the cut of almost 6 minutes from the protest episode (A.21).
• The forensic report of 19 July 2023 (A.33) examines these absences and concludes repeated alteration of the material, with a constant orientation.

What remains — and what it says

In the preserved material of the plenary appears the statement of the complainant Cándido Iriarte acknowledging before the court that the volume of the technological investment materialised by Apolozan exceeded the sums finally paid by the Basque Government — playable from the cards of A.26 and A.39.3. The assertion comes from the person who drove the case forward and contradicts the thesis of the non-existence of investments (A.6, A.11).

The judicial treatment of both inventories

Judgment 21/2019 (A.26) addresses neither the absent stretches nor assesses the transcribed statement: neither the gap, nor the order not to record, nor its content received any analysis. Article 741 of the Criminal Procedure Act orders the assessment of the evidence taken at trial; Iriarte's statement was taken at trial.

How to verify it

Press "See the sequence" and listen to the order. Then compare the delivered material with the originals (A.39.3) and list the discontinuities. Gap, order and judicial silence: all three are checked by playback and reading.