The prosecution and the State Attorney are clear that the investigation carried out by the judge Manuel Garcia-Castellon to the former Minister of the Interior Jorge Fernández Díaz, to the former Secretary of State for Security Paco Martinez and other former police officers for the espionage to the ex-treasurer of the PP Luis Bárcenas in the so-called Operation Kitchen determines “clearly and sufficiently both the facts that must be punished and the identity of their perpetrators, and for this reason they ask the Criminal Chamber of the National High Court that rejects the resources presented by the defenses against their prosecution.
The writings to which he has had access The Newspaper of Spain They were written between the end of December and last week, although a technical problem in the computer system used by the National High Court had paralyzed the processing of the matter until now.
Regarding Fernández Díaz, the Prosecutor’s Office defends that “the circumstantial table that reflects the active and material participation” of the former minister in Operation Kitchen is “profuse and conclusive”. After his formal accusation in this matter, in September 2020, none of the tests carried out have disproved the “incriminating heritage”. Among others, the public ministry cites the statement of the former minister himself, that of Martínez, the judicial confrontation practiced between the two and “of course, the notarial deeds that corroborate the clear participation in the events” attributed to him by the former Secretary of State himself, who was his closest collaborator.
Feature abuse
Thus, the Prosecutor’s Office defends before the Chamber the order in which the judge affirms that at a time “that it has not been possible to determine between the years 2012 and 2013“Fernandez Diaz” with abuse of their functions and knowledge of their illegality“, urged Francisco Martínez -who was first his Chief of Staff and since January 2013 Secretary of State- to launch a mission aimed at obtaining information and documentation that could be in power” of Luis Bárcenas “in order from steal said material from the judicial authority in the investigation” that was carried out in the piece called Papeles de Bárcenas within the Gurtel case.
This assertion of the judge, the prosecutor insists in this writing, “fully corresponds with the documental support that appears in the proceedings and that allows such attribution of responsibilities, since they are documents that reveal, by themselves, the knowledge by the Ministry of Interior of the police operation launched in the operational sphere of the DAO (Deputy Directorate of Operations of the National Police), as well as its illicit character. In this regard, he points out the knowledge of some phone content dumps cell phones of Luis Bárcenas”.
The Prosecutor’s Office reiterates that the then minister, “in addition to being the person who exercised such responsibility during the entire period of execution of the repeated illegal police operation, financed with items of reserved funds from his department and under the direct supervision of his immediate hierarchical inferior”, who was Martínez, “kept with him directly related communications with the overturning of the telephones belonging to Luis Bárcenas”. According to the judge, and according to the Prosecutor’s Office, “a part of the compromising documentation what was sought”,
hasty closure
These appraisals are made without the Anti-Corruption Prosecutor renouncing the reopening case for the former general secretary of the PP María Dolores de Cospedal and insist on accusing the then general director of the National Police, Ignacio Cosido, as he defended last September in a profuse letter before the head of the Central Investigating Court number 6. That is to say, the circumstantial data that already exists in the case cannot be questioned, regardless of whether the investigation can continue to close ‘fringes’ around other possible protagonists of the plot.
Thus, the prosecutor only shares with Fernández Díaz’s defense that there was a “hasty closure“of the investigation phase in the line – also defended by the State Attorney, two accusations in person and other defenses – that a extension of the legal term of instruction. “And so far the considerations shared with the appellant”, add the prosecutors Cesar de Rivas-Verdes Y Michael Serrano, that otherwise they ask the Chamber to reject all the allegations of the former minister.
Finally, the prosecutors insist to the Chamber that, in their allegations, Fernández Díaz’s defense seems to confuse the function that the law attributes to the investigating judge when issuing the order to initiate the abbreviated procedure -with which the investigation is terminated- with the one attributed to the accusations in the intermediate phase or, finally, with the one corresponding to the prosecuting body in the oral trial. In this sense, they defend the judge’s actions for “fulfilling the motivational demands legally and jurisprudentially imposed”.
State Attorney
The State Attorney’s Office reaches a similar conclusion regarding the appeals filed by others investigated in this matter, including Francisco Martínez himself. The writings to which he has had access The Newspaper of Spain they are dated January 11 and signed by the lawyer Maria Rosa Seoane, which, like the Prosecutor’s Office, insists that they should be rejected because the judge’s order “does make explicit the participation that the appellants have had in the facts under investigation” although something different is the qualification that ends up being given to them for the accusations whose final assessment must be reserved for oral judgment.
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In any case, it adds that “what is evident is that the appellants were aware of the facts and with his behavior contributed to its concealment and being its obligation, knowing the irregularity of the same, they refrained from persecuting them or to bring them to the attention of whoever could do so and who was investigating related facts for another Court that they tried to hide from justice”.
Thus, it highlights that the issues alleged by Martínez of the commissioner Andres Gomez Gordo -who was head of Security at Cospedal-, of the ex-chauffeur of Bárcenas Sergio Ríos and of the police officers at the time of the events José Ángel Fuentes Gago and Bonifacio Diez Sevillano “they go into the realm of the prosecution phase” such as the absence of a crime in the facts attributed to them. That is why they must be rejected, and in a similar sense it is positioned in a second writing regarding the former police commanders Eugenio Pino and Jose Luis Olivera.
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