The Superior Court of Justice of the Balearic Islands (TSJIB) has ratified the sentence of permanent revisable imprisonment imposed on the mother who threw her newborn baby into a garbage container in Porto Cristo (Mallorca), as well as on the uncle of the little girl, the mother's brother-in-law.
According to the ruling, which Europa Press has accessed, the high court dismisses the appeals presented by the three defendants -- the mother’s sister was sentenced to a fine for omission of the duty to assist -- and confirms the sentences for murder with premeditation, in line with the verdict issued in March of this year by the Jury Court of the Provincial Court of Palma.
The facts that the jury considered proven, now endorsed by the TSJIB, date back to November 2023. The main accused gave birth inside a car to a premature girl, about 26 or 27 weeks gestation, in the presence of the other two defendants.
Despite knowing that the newborn showed obvious signs of life and that, due to her extreme prematurity, she required urgent medical assistance, the mother and her brother-in-law decided to get rid of the girl. The woman handed the girl to the man, who got out of the vehicle and threw her into a waste container located on the public road, on a cold and rainy afternoon.
The third occupant of the vehicle directly witnessed everything that happened and, even being aware of the vital risk faced by the baby, did not make any call for help nor did she notify the health services.
The autopsy report prepared by the forensic doctors concluded that the girl's death was due to a multifactorial cardiorespiratory arrest, caused by the total absence of medical attention and by a cranioencephalic trauma suffered when she was thrown into the container.
In its ruling, the TSJIB rejects one by one the arguments of the defenses, which requested everything from the nullity of the trial due to alleged contradictions of the Jury to the reclassification of the facts as a crime of abortion or negligence.
The court also supports the application of the hyper-aggravation that allows imposing permanent revisable imprisonment in murders whose victim is a newborn or a minor in a special situation of vulnerability.