From two different shooting ranges, the investigation in the EU of the contracts for the purchase of masks in Madrid and other communities during the pandemic is fired on
the american writer Charles DudleyWarner (1829-1900), most likely based on a phrase from shakespeare (“Poverty familiarizes a man with strange bedfellows”. ‘The Tempest’, 1611), he wrote that “politics makes strange bedfellows”. And he looks where, the investigation of the contracts for the purchase of masks during the pandemic, initiated in the PP by Paul Married and Teodoro Garcia Egea -contract with Priviet Sportive SL that benefited Tomas Diaz Ayuso– to end his sister’s career, Isabel Diaz Ayusoand later extended, at the initiative of the president of the Community of Madrid, to the Government of Pedro Sanchez and other autonomous communities, has placed in the same shooting range Henry LopezMinister of the Presidency, Justice and Interior of Madrid and Secretary of Justice of the PP, and to the Attorney General of the State, Dolores Delgado. From said firing range, fire is fired on Shell SabadellEuropean prosecutor representing Spain.
Was Henry Lopez who, on March 26, spoke after learning that the European Public Prosecutor’s Office had required the Anti-Corruption Prosecutor’s Office to transfer the investigation to him on the grounds that the Madrid contract had been fully financed with feder funds (European Regional Development Funds). According to the European Public Prosecutor’s Office, there could be alleged crimes of embezzlement or fraud.
“Great mistrust”
“Maybe [la Fiscalía Europea quiere hacerse cargo de las diligencias] not for reasons of legality, but with an unstated purpose of lengthening a procedure with political and media purposes& rdquor ;, he warned. And in case he did not deduce from his words, he himself clinched: “I have great mistrust about the real reasons that drive that action. It breaks into a case that was already being processed by the Anti-Corruption Prosecutor’s Office & rdquor ;.
Both the State Attorney General and the Anti-Corruption Prosecutor’s Office opposed transferring the proceedings to the European Prosecutor’s Office. The Chief Prosecutor of the Anti-Corruption Prosecutor’s Office, Alexander Luzonreplied to the Spanish official, Sabadell, that the proposal to investigate by the European Public Prosecutor’s Office involved a “prospective investigation without a minimum incriminating heritage.”
This idea of labeling some errands with the word “prospective & rdquor; it is very helpful. The State Attorney General, after an exchange of letters, decided to seek the support of the Chamber Prosecutors Board at a time when she is attacked in the Fiscal Council, among other things, for the scandal that emerged after having removed the prosecutor from the ‘Tándem-Villarejo case’, Ignacio Stampaof the Anti-Corruption Prosecutor’s Office, through the ruse of denying him a fixed position in the contest that failed on October 27, 2020. The aforementioned board supported the State Attorney General’s Office for the investigation to be divided. The embezzlement would remain under the control of the European Public Prosecutor’s Office and the other crimes would continue to be investigated by the Anti-Corruption Prosecutor’s Office. A split that the European Public Prosecutor’s Office, whose arguments have not been heard, rejects.
Known in the ‘Gürtel case’
Concha Sabadell, appointed to the nascent European Public Prosecutor’s Office, is the target of the implicit attack by Henry Lopez. He knows what he is doing. Because she was the Sabadell prosecutor, along with her partner Nicholas Shellwho were instrumental in his recusal in the ‘Gurtel case‘ 1999-2005 or first period.
The popular accusations presented presented to the Criminal Chamber of the National Court the recusal of López, who should have been the rapporteur in the sentence, in September 2015, for his links with the FAES foundation of the PP, which projected an apparent lack of impartialitygiven that the PP was considered to be participating for profit in the case for benefiting from some funds from the corrupt plot for electoral expenses.
After analyzing the multiple arguments of the challenges, the Sabadell and Nicolás report stated: “What is stated in this report does not allow rejecting ‘a limine’ [de entrada] the challenge formulated, so it is necessary to admit the present incident for processing, that the test be carried out and that it be transferred to the prosecutor again…”.
Judge López rejected the challenge in writing dated September 15. López explained that his “honest” opinion is that there was no legal cause to withdraw from the court and he recalled that unjustified abstention is classified as a serious infraction in the Organic law of judicial power.
Doubts of impartiality
Once the test was carried out with requests for documentation and witness statements, the prosecutor Anthony Romeralcurrent Lieutenant Prosecutor of the Anti-Corruption Prosecutor’s Office, stated in a letter dated October 10, 2015 that “in view of the evidence performed, it can be affirmed that the facts on which the challengers [la asociación Adade y el PSOE] initially supported the doubts about the impartiality of the magistrate due to their relationship with the PP they have been duly accredited & rdquor ;.
Romeral specified: “That relationship includes, beyond the connection of the challenged with the FAES Foundationthe law and legitimate and regulated, but at the same time decisive, intervention of said political force and some of its members -today accused, imputed and lucrative participants- in their proposal and appointment to occupy some of the highest and most recognized positions in the judiciary & rdquor ;.
He also pointed out another fact: “Regardless of the test carried out, that appearance of lack of impartiality that motivates the initiative of the challengers has been reinforced by the expressive statements of the challenged magistrate himself who, after echoing the allegations of the accusations and the Public Prosecutor’s Office, comes to recognize his “natural feelings of gratitude” for such appointments, no matter how much he does it from his intimate conviction that no risk will arise from it & rdquor ;.
appearances
The prosecutor limited himself, in his conclusion, to requesting that the Criminal Chamber analyze the “compliance with the canons of appearance of impartiality required by the European Court of Human Rights and rate if a “objective observer I would have reasons to doubt the impartiality of the magistrate in this procedure & rdquor ;.
The Plenum of the Criminal Chamber decided to admit the challenge and removed the magistrate from the trial court.
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Henry Lopezwho rejected his challenge and refused to abstain, has proved right with his actions that challenge, since his status as a pp man -then formally “covered”- with his appointments in the leadership of the party and in the Community of Madrid.
As to Shell Sabadellthe prosecutor survived the attacks of Federico Trillocommissioned by Mariano Rajoy to advise on the legal strategy to follow to achieve the annulment of the case. And he defended the accusation in the trial that ended with the conviction & mldr; and the motion of censure which caused the fall of Rajoy in June 2018.