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Diari Valencià

Defense of the Millionaire Primitiva Lottery Seller in A Coruña Argues No Fraud

The lottery seller's lawyer requests that data from the San Agustín office machine not be considered as evidence, but the judge rejects it.

Generic image of a lottery ticket on a counter, with a hand in the background.
IA

Generic image of a lottery ticket on a counter, with a hand in the background.

The defense of the lottery seller in A Coruña, accused of misappropriating the millionaire Primitiva ticket, argued in court that there is no fraud without a legitimate victim, questioning the ownership of the winning ticket.

The lawyer for the lottery seller who claimed to have found the millionaire Primitiva ticket in his office in San Agustín, Jesús Ángel Sánchez, stated this Monday in the trial held in the second section of the Provincial Court of A Coruña that "for fraud to exist, there must be a legitimate defrauded party." He insisted that "in no case is the ownership of the bearer bond accredited," referring to the ticket worth 4.7 million euros, and therefore he does not understand why his client is accused of fraud or misappropriation.
During the first session of the trial, which focused on preliminary issues and the presentation of some evidence, Sánchez also requested that the data from the machine at the San Agustín administration, which reveals when the tickets were checked, not be taken into account as evidence. He based his request on an "absolute absence of judicial authorization" to analyze the terminal.
According to the account of the Prosecutor's Office and the Police, the bettor handed over four tickets for checking at 11:25 AM on July 2, 2012, in San Agustín. When the millionaire Primitiva ticket was scanned, the terminal displayed 'Superior Prize. Take receipt to delegation.' However, the lottery seller did not notify the customer. A few minutes later, the accused re-checked the winning ticket along with others that the bettor had also handed over and which had no prize, in order to confirm that it was a top-category prize and, therefore, of high value. He re-entered the winning ticket into the terminal twice, at 11:39:32 and 11:39:39 AM.
This evidence, however, remains part of the trial, as the judge and the private prosecution understand that "these are not personal data" but rather data of the "business and of SELAE," so data protection is not violated. Jesús Ángel Sánchez also questioned the custody of the ticket and proposed removing the daughter of the person the Prosecutor's Office considers the legitimate owner of the millionaire Primitiva from the procedure, a proposal that was not admitted.
The lawyer for the widow of the person the Prosecutor's Office and the Police consider the owner of the ticket, Beatriz Seijo, provided the "original" of a bank statement for a purchase at Carrefour on the same day the Primitiva was sealed at the administration located in this shopping center on Alfonso Molina.

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