The trial against the retired commissioner José Manuel Villarejo will continue on the national audience. This has been agreed by the three magistrates in charge of oral hearing against the retired commissioner. In a resolution that resolves some of the previous issues raised at the beginning of sight, the Court confirms its competence to celebrate the trial. And it is also solved that by the witnessed chair will not pass the former Government Presidents Rajoy and Felipe González, neither Ministers such as Fernando Grande-Marlaska or the Attorney General, Dolores Delgado.
The court that judges the first three branches (Iron, Land and Painter) of the Tandem case has ruled out most of the testifies requested. Part of the previous issues will only receive an answer in the sentence, but some others are already resolved. For example, he rejects the request of several defenses, including Villarejo, from expelling we can as a popular accusation.
The defenses had questioned the legality of the beginning of the investigation, which Villarejo attributed to a CNI maneuver through an anonymous complaint. The room leaves the matter for the sentence, although the car aims for magistrates by good anti-corruption explanations.
On the alleged lack of competence of the national audience, the Fourth Section recalls that the three judicial instances that have pronounced on this issue have maintained the competence of this Court, when dealing with actions committed by Spaniards abroad.
The court explains that it is true that, by themselves, the three separate pieces that are being judged would not be competence of the national audience. But he adds that they come from a main cause, not yet judged, that it is the responsibility of this Court. And that connection is sufficient.
The car, 66 pages, also rejects the request to accumulate the three pieces to the main cause for its joint prosecution by being processally "unfeasible" by not having finished the instruction of that main cause. However, he explained that in the first trial sessions he has noticed the need to unite the three pieces part of the documentation found in the main piece.
"Specifically, the nucleus of the judicial investigation carried out in that in relation, specifically, with the entry and registration dilts practiced, so that it knows the way in which their apprehension and the legality of the activity deployed occurred , Theme that has also been questioned ".
In relation to the nullity of the entrances and records made by the defenses, the court explains that it will be subject to analysis in the sentence, because its legality or not only may clarify with what comes to light in the trial. "Not only was it carried out and if the agents responsible for their practice observed the judicial guidelines and the respective lawyers of the administration of justice, but when at the time of carrying out, the charge data against either one of the time Investigated they were rationally enough to agree on their practice. "
The Court rejects that Villarejo's access problems to the documentation that was seized, it has been a defenselessness. He considers reasonable caution he put on the court to consult the material, given the nature of the information he could contain. And it highlights that the defense of the investigate could consult the documents at the Judicial Headquarters.
The car also resolves on the relevance or not of the practice of the proposed evidence at the beginning of oral trial by accusations and defenses, both testificated and documentary and experts.
Regarding the test requested by Villarejo, it rejects testimonies that it considers that they are not related to what is being prosecuted. Thus, he discards the testifies of magistrates or prosecutors, current or previous members of the government "because they all lack any relationship with the facts that we prosecuted."
Instead, the Chamber does admit the testimonies requested by Villarejo of a dozen agents and police commanders, Civil Guard and CNI. Among them those who were general operating directors of the Agustín Linares police, Pedro Díaz-Pindado and Florentino Villabona, the director of the center against terrorism and organized crime José Luis Olivera or the Chief Commissioner of the Unit of Internal Affairs Francisco Javier Migueláñez.Date Of Update: 10 December 2021, 06:16