The Judge of the National Hearing Manuel García Castellón has proposed judging the former Interior Minister Jorge Fernández Díaz and the former Dome of the Ministry with the PP for Kitchen Operation, the police operation to steal the former Treasurer of the Luis Bárcenas material related to the Investigation of the Gürtel case that could harm the PP.
The auto dictated this Thursday considers that this operation would have been the half-dozen commission of crimes: discovery and disclosure of secrets, prevarication, omission of the duty to pursue crimes, bribery, trafficking of influences and embezzlement.
In addition to the former minister, the Judge sends to trial former Security Secretary Francisco Martínez, the former Deputy Director of the Police Eugenio Pino, to the police officers José Luis Olivera, Marcelino Martín Blas, José Angel Fuentes Gago, Enrique García Castaño, Bonifacio Díez Sevillano, Andrés Manuel Gómez Gordo, the retired and principal commissioner investigated at the macrocause tandem, José Manuel Villarejo, as well as the former driver of Bárcenas Sergio Ríos Esgueva.
The investigating judge has finished research and claims the prosecution and the rest of the accusations that present his writings by specifying the crimes and sorrows they claim. Those writings will take the celebration of the trial. The only way that remains to those affected to avoid the bench is that the Court reviewed the judge's decisions Estime the resources presented against the decision of the instructor to take the case to Juico. There is also a possibility that accusations resort to prolonging research with the diligences that have been denied, something that would dilate the trial but would not slow it down.
Unlike what happened with the interior dome, the judge files the cause due to lack of indications for the former general secretary of PP María Dolores de Cospedal; her husband, the businessman Ignacio López del Iron; The head of cabinet of her, José Luis Ortiz, as well as for Enrique Olivares. In the car, 81 pages, the judge affirms that "the existence of a political plot" should be ruled out "in the PP foreign to that of the Ministry of the Interior.
Cospedal acknowledged having held meetings with Villarejo, but denied that he would "commissioned one". He met with the Commissioner "for the relationships he had with the media." The judge can not find an indication of a different thesis and highlights that mere meetings are not criminal.
Nor does it detect indications that Cospedal would have funds to Villarejo: "As regards the famous payments, it does not consisting of any money to take place by anyone from the environment of Mrs. Cospedal, nor by Mr. López del Iron to Mr. Villarejo; nor in the context of the facts investigated in this piece or in any other ".
About cospedal also hung the possibility that it would have been who maneuvering so that the driver would access to collaborate. There are no indications of this beyond references in Villarejo annotations "that have not been corroborated with solid signs."
When decreing the file with respect to Cospedal, the judge highlights that, unlike those who occur with those responsible for the interior, regarding those who exist "a solid base" to bring them to trial, in the case of the former general secretary of the PP , Her husband and cabinet head "is striking the weakness" of the reasons that justify its incrimination.
The imputation to cospedal and iron lopez of an "intellectual participation" is no longer, argues the judge, "the result of an unfounded voluntary inference in any indication, because there is no reflection of it in the actions."
The judge recounts that between 2012 and 2013 those investigated were agreed to activate the operation around Bárcenas. "Jorge Fernández Díaz, Minister of the Interior and Maximum Political Responsible of this department, with abuse of his functions and knowledge of his illusance, urged Francisco Martínez, who was, first his chief of cabinet and since January 2013 Security Secretary of State , so that a mission was launched aimed at obtaining information and documentation that could be the power of the aforementioned Luis Francisco Bárcenas Gutiérrez ".
The objective was "subtracting said material from the judicial authority" in the research that was carried out in the research on the Bárcenas papers, a branch of the Gürtel case.
Francisco Martínez, the judge continues, "assumed the coordination of the operation," whose planning and development entrusted the Deputy Operational Director. Eugenio Pino, in turn, moved the commission to José Manuel Villarejo, who for the execution of him was served at first of Marcelino Martín Blas, head of the Internal Affairs Unit. Subsequently, he resorted to another commissioner, Enrique García Castaño, responsible for the central operating support unit (UCAO). This "personally assumed the commitment to bring the mission to good port, using the special follow-up unit attached to said unit".
The operation consisted of "capturing a collaborator, close to the Bárcenas family", capable of facilitating the information and access to the documentation that was being searched. The chosen person was Sergio Javier Ríos Esgueva who since the beginning of February 2013 was the driver of marriage Bárcenas, and person of maximum confidence of the family environment. Within the operation, the driver was known as cook, K2 or Kitchen, hence the name of the operation.
The DAO entrusted Villarejo and García Castaño to earn the confidence and collaboration of the driver in exchange for 2,000 euros per month, more expenses, from the reserved funds, and the subsequent income in the National Police Body. To access the driver, the two commissioners were worth a chief inspector, Andrés Gómez Gordo.
The resolution indicates that the practiced actions have made it possible to verify that, "without prejudice to the guidelines given by the minister, and the motivations that this", the Villarejo and García Castaño pretension would really be to seize and maintain such documentation in His power, without being delivered to his superiors, in order to obtain some kind of personal benefit; extorting or pushing public charges or responsible for the Ministry of the Interior, or simply with the purpose of preserving their respective positions in the police dome and Impunity in the illicit activities that, allegedly, came developing in parallel. "
The operation was successful and García Castaño was done with it in October 2013. According to the judge, the accused it still has it in its possession. Villarejo would have claimed "insistently" a copy with the knowledge of the DAO.
To obtain this information, the investigated agreed without judicial authorization to Restoration Workshop of Rosalia Iglesias, who referred as "El Zulo". The material was in a closet with a double bottom.
The judge explains "the dysfunctions and irregularities in the management and in control" of the reserved funds would have allowed their illicit use, promoting "both the financing" of the illegal police operation "as the personal enrichment of high police commands." The Judge points to Francisco Martínez as the person who would have authorized that he was paid to the driver with reserved funds.
The instructor rejects the request for an extension of the investigation requested by the accusations and the practice of new diligence. Regarding the orders for anti-corruption, the magistrate recalls that the law does not admit forward investigations. "Instructive activity can not be conceived as a kind of releasing the network in anchoring in case the crime is found, but quite the opposite," says García-Castellón.
The judge reproaches the Public Prosecutor's Office to request new proceedings to check the Villarejo thesis that I reported the operation to Mariano Rajoy through messages to telephones that had been indicated. "No diligence that has been performed until now allows Mr. Villarejo to have direct communication with any president or prime minister," says the AUTO, who considers that the pretension "is interested in the absolute indicator."
"It is striking that the prosecutor has not observed that the telephone [...] appears in this procedure because it provides him with investigated Mr. Villarejo, is this the only one who talks about this phone, from which there is no trace in the cause".
"From the experience of more than forty years of professional practice of this instructor," García-Castellón continues, after indicating that there is no trace of these contacts beyond the recent Villarejo Declaration, "it is not unknown that an investigated who monitors a Enormous media attention, try to seek connections with all kinds of characters, historical facts or events, in an excessive desire to gain notoriety and repercussion, but the procedural law and the seriousness of criminal trial are above this type of frivolities. "
He adds that the Prosecutor's Office is on his right to ask for more diligence referred to some "linked with any other institution, organism, club, community, group, group or society, seeking participants and accomplices there where he is aimed at researcher Mr. Villarejo ".
"More worrying," he concludes, "is that it is intended to give importance to this kind of issues three years after starting the procedure and when the whole secret has already been raised. It is precisely in these cases when the most necessary is the Savy assessment of the magistrate, who does not attend any interest, but, from a weighted judgment of relevance, utility and need, deprad the procedure, separating the relevant, of what does not provide neither adds ".Date Of Update: 03 August 2021, 18:52