The Criminal Chamber of the National High Court has once again revoked an order by Judge Manuel García-Castellón. A month ago she did it with the car that he left out of the proceedings to the president of Repsol, Antoni Brufau, and former president of Caixabank Isidro Fainé, and now it is the turn of the one in which he proposed to judge only several of his former directors for the assignment they made to former commissioner José Manuel Villarejo.
It is about the car in which he proposed to judge those who were heads of Security of Repsol Rafael Araujo and Caixabank Miguel Ángel Fernández Rancaño, as well as Villarejo himself, his partner Rafael Redondo, the policeman Enrique García Castaño and the deputy director of Services of Support of the Directorate of Corporate Security of Repsol Rafael Girona.
lack of errands
The Criminal Chamber has estimated the appeals presented by the Prosecutor’s Office, the president of Sacyr Luis del Rivero and Podemos and declares that there are still procedures to be carried out that lead to annulment of the car of passing to abbreviated procedure of this piece, in which the Villarejo assignment is investigated to allegedly spy on Del Rivero to prevent his group from increasing its participation in Repsol through an agreement with the Mexican oil company Pemex.
“The lack of diligence to be carried out, which is considered necessary to exhaust the investigation of the allegedly criminal acts that are the subject of this case and the participation of the persons who could be responsible, is incompatible with maintaining the decision to continue by way of the abbreviated procedurewhich is adopted on September 20, 2021 since the investigation phase concludes and the closure prevents the practice of the proceedings & rdquor ;, indicates the Chamber.
fiscal resource
The resolution of the National Court rejects the resources of those who were still prosecuted and fully upholds that of the Prosecutor’s Office in which it requested to revoke the dismissal agreed by García-Castellón regarding the former directors of REPSOL and Caixabank Luis Suárez de Lezo, Joaquín Uris, Juan by Amunátegui and Antonio Massanell.
The magistrates hold that there is a wealth of evidence regarding the participation of the above in the facts investigated, although the incriminating elements are considerably weaker than those that concern the group of investigated that the investigating judge already proposed to judge.
However, it understands that these incriminating elements are enough to classify dismissals as premature agreed by the instructor, taking into account the steps that remain to be carried out. Therefore, the final assessment must be deferred at the time of the conclusion of the investigation, he points out.