Anti-corruption requests that Kitchen’s trial opening order be annulled due to an error by Judge García Castellón

Madrid

10/31/2023 at 17:18

CET


Reiterates that the WhatsApp conversations of Francisco Martínez that were separated for compromising national security be compared

The Anticorruption Prosecutor’s Office alert in a writing to the instructor of the Kitchen case -due to the espionage by the former Interior minister of the former treasurer of the PP Luis Bárcenas- that a formal error in the oral opening order issued on the 13th requires this decision to be annulled. This is the inclusion of crime of kidnapping that the Bárcenas family attributes to the defendantsand that it would correspond to another type of procedure different from the abbreviated one that has been followed in this investigation, according to the document to which you have had access THE NEWSPAPER OF SPAINfrom the Prensa Ibérica group.

The defense of one of the accused, the former Secretary of State for Security in Mariano Rajoy’s Government, Francisco Martínez, warned of the same error a few days ago, who for the same reason has requested the annulment of a resolution that would place him in office. bench with a request for a sentence of 15 years in prison along with his former superior Jorge Fernández Díaz and former commissioner José Manuel Villarejo, among others

In his writing, the Prosecutor explains that the crime of kidnapping is punishable by a prison sentence of six to ten years, and that for this reason – after nine years – “it cannot be prosecuted within an abbreviated procedure, like the one processed in the present case”. He adds that if the head of Central Court number 6 understood that there were indeed indications of the commission of the crime of kidnapping “he should have proceeded, in accordance with the provisions of article 760 of the LECrim, to transform the Preliminary Proceedings into an ordinary summary procedure and do it also prior to closing the instruction through the order of July 29, 2021″.

The defense of Francisco Martínez, carried out by lawyers Juan Antonio Frago and Verónica Suárez, For his part, he has already warned that an oral trial has been opened for at least three crimes that correspond to the ordinary summary procedure, since in addition to the kidnapping that Bárcenas’ own family points out, they are accused of criminal organization by the popular accusations exercised by PSOE and Podemos.

WhatsApp messages

On the other hand, the prosecutor asks the instructor to compare Francisco Martínez’s WhatsApp conversations that were separated from the case at the time. On September 28, the Anti-Corruption prosecutors were already demanding that the Court’s Legal Administration of Justice (LAJ) be ordered to will compare the transcripts of the conversations included in a letter prepared by the Internal Affairs Unit of the National Police on April 20, 2020 in which the result of the police search of Francisco Martínez’s home is reported.

This request occurs because prosecutors have detected that on the same day, July 7, Judge García Castellón issued two orders in the opposite direction. Specifically, while in one it agreed to exclude from the case twenty-three conversations held by the former Secretary of State for Security through his mobile phone, in another resolution, also dated July 7, 2023, it ordered that the transcripts of the conversations be kept in the case. conversations.

From some of these messages it was clear that Martínez was interested in conversations with the president of the National Court, José Ramón Navarro, about the development of the investigation that this body was carrying out due to his involvement in the Kitchen case, although the latter delayed him. From others it is deduced that he expressly authorized in February 2015 one of the commissioners who were part of the sewers of the Executive of Mariano Rajoy to investigate the co-founder of Podemos Juan Carlos Monederowhile other messages referred to the so-called ‘operation Catalonia’.

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