Defense lowered the first sanction by two months, provided for those who carry out activities that violate incompatibility
The Supreme Court has confirmed a sanction of six months of suspension of employment to a civil guard stationed in Valladolid who, together with another colleague, offered and sold wine from a winery to different establishments while on active duty and in uniform.
It’s more, the customers who purchased the wine did so because both agents had offered it to them “wearing uniform”since they already had “their own suppliers”, indicates the August 2021 resolution of the Minister of Defense, Margaret Oakswhich imposed the sanction that has now been ratified by the high court.
Specific, said resolution reduced the disciplinary sanction of suspension of employment by two months as the author of a very serious offense “consisting of carrying out any activity that violates the rules on incompatibilities”.
Both civil guards were assigned to the main post of Laguna de Duero of the Civil Guard Command of Valladolid and between May and July 2020 “they offered and sold wine” from a winery to several catering establishments in nearby towns, included for the most part in the scope of the operational nucleus in which the filers provide their service. The Supreme only rules on one of the sanctions, because the other agent did not appeal to the high court.
The Supreme Court is blunt in stating that the evidence obtained by the investigators “in no way can be classified as illegally obtained, nor can they be dismissed, as a result, as untrue”, statements made by the agent’s defense “for free and unfounded” .
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He denies that there has been a “real and transcendent reduction in guarantees” or “an effective impairment of the essential right of defence” and does not see “the defenseless allegation admissible” invoked by the civil guard, who contested that they had not admitted a test series.
In the court’s opinion, the evidence available to the disciplinary authority is “undoubtedly incriminating or incriminating” for the agent and from it “it follows logically” what was considered proven in the sanctioning file.