The TSJIB confirms the revisable permanent prison for the mother who threw her baby in a dumpster in Portocristo

PalmaThe High Court of Justice of the Balearic Islands has confirmed the sentence of life imprisonment with review for the mother who threw her newborn baby into a dumpster in Portocristo, in addition to the sentence imposed on the woman's brother, the child's uncle, for his participation in the murder.

The court has dismissed the appeals filed by the three convicted individuals and has ratified the sentence issued in March of this year by the Jury Court of the Provincial Court of Palma. The third defendant, the mother's sister, was sentenced to a fine for a crime of omission of aid. The events took place in November 2023, when the woman gave birth to a premature baby girl, about 26 or 27 weeks pregnant, inside the vehicle where her brother and sister were also traveling.

According to the facts proven by the jury and now endorsed by the TSJIB, both the mother and her brother were aware that the newborn showed clear signs of life and that, due to her extreme prematurity, she needed urgent medical assistance. Despite this, both agreed to get rid of the child. The mother handed the baby girl to her brother, who got out of the vehicle and threw her into a garbage dumpster located on the public road.

The third occupant of the vehicle directly witnessed the events and, despite being aware of the vital danger the child was in, did not notify the Emergency services or request medical assistance. The autopsy determined that the baby girl died due to a multifactorial cardiorespiratory arrest, caused by the lack of absolute medical assistance and by a cranioencephalic trauma that occurred at the moment she was thrown into the dumpster.

The TSJIB rejects the defenses' appeals

In its resolution, the TSJIB rejects the arguments put forward by the defense teams, who had requested everything from the annulment of the trial due to alleged contradictions by the Jury Court, to the facts being considered a crime of abortion or recklessness.

The court considers the crime of murder with treachery to be proven and also supports the application of the aggravating factor, which allows for the imposition of a revisable life sentence when the victim is a newborn baby or a particularly vulnerable minor. In this way, the TSJIB upholds the sentences handed down by the Provincial Court: revisable life sentence for the mother, conviction for murder for her brother, and a fine for the sister for omission of the duty of care.