Diego Cruz, one of the most-wanted sex-offenders in Mexico’s so-called “Porkys Gang” accused of the rape of a minor in Veracruz in 2015, has argued before a Spanish court that he was not involved in the crime that he is being charged with in Mexico.
The Spanish Audiencia Nacional has confirmed Cruz is in prison pending an extradition hearing in Mexico, as it understood that there is a high risk of him absconding.
In his request for release, Cruz claimed that he was not fleeing from justice when he was arrested in Madrid on July 10, but that he had left Mexico to complete course at the European University in Madrid and, in fact, is registered in a student residence in the Spanish capital.
Cruz, who is a citizen of Spain and Mexico, also argued that he has “never” evaded justice, as he appeared in the Veracruz court investigating the case and in each occasion was quoted saying that he “is not a criminal” and “was not involved in the abuses the minor.”
However, the Criminal Division of the Audiencia Nacional believes, as does the prosecution, that “the facts show” there to be a risk of Cruz absconding, since he left Mexico “despite having knowledge that there was a legal proceedings against him for very serious charges.”
Due to this, on April 6 the district court of Veracruz issued an international arrest warrant, and said that there was “no evidence that any academic activities begin on these dates.”
“But what is more significant,” the district court added, “is that despite denying his involvement in the incident, he is not ready to be handed over to the judicial authorities of the country of his birth, the country where he has always lived.”
For judges, “his hasty departure from Mexico and refusal to be returned” is related to the seriousness of the claims made against him and “are sufficient elements to consider that there is a high flight risk.”
It is likely that the Audiencia Nacional will rule that Cruz should be extradited to Mexico once all the documentation arrives to initiate the proceedings, given that he refused to be extradited when he came before a judge after his arrest.
In Mexico, Cruz is wanted for “violent paedophilia” since the events that were carried out by a group, and he would therefore face a sentence of between 12 and 40 years in prison.
This was one of the most exposed issues on social and traditional media in Mexico where the family of the girl reported that she had been sexually assaulted by four young wealthy men who have become known as the “Porky’s Gang”.