The court, specifically the third section of the High Court, considers the reliability of the new DNA report that motivated Laiglesia's imprisonment on November 28 to be “controversial.” However, the magistrates stressed that the incrimination of the investigated party is “neither irrational nor arbitrary.”
The decision to grant the defense appeal is based on the fact that the instructing judge of court number 2 in Sabadell did not sufficiently justify the risk of flight. The High Court has imposed precautionary measures on Laiglesia, such as the surrender of his passport and periodic court appearances.
The lawyer for Helena Jubany's family, Benet Salellas, pointed out that the High Court maintains the indices of criminality against Laiglesia and that the debate over the DNA evidence is reserved for the trial phase.
“"We do not understand why the deep roots of Santi Laiglesia in the social, family, and working life of Sabadell are now taken into account, but none of this was valued when Montse Careta was indefinitely deprived of liberty on February 14, 2002. She also had a family, a job, and a life outside the prison walls, but it seems that at that time no one gave it any importance."
The family of Montse Careta, who was investigated in the case and committed suicide in prison in 2002, has criticized the difference in judicial criteria. They denounce that Careta spent 83 days in preventive detention with evidence they consider less solid than the current ones, while Laiglesia has been released after only 42 days.
