The Superior Court of Justice of Madrid (TSJM) has accepted for processing the complaint filed by Alberto González Amador, boyfriend of the president of the Community of Madrid, Isabel Díaz Ayuso, against the Prosecutor’s Office for the dissemination of a press release that denied the distorted information that the PP political team was pouring over the public ministry after the opening of the procedure against his partner, currently accused of tax fraud and document falsification. “It must be investigated whether the criminally permitted limit has been exceeded in the area of the right to information that assists the public ministry, as these are criminal proceedings and, therefore, reserved. And, likewise, to what extent the constitutionally recognized rights of the complainant could have been harmed,” the magistrates state in their resolution, dated this Tuesday.
González Amador’s complaint is directed against María Pilar Rodríguez, chief prosecutor of the Madrid Provincial Prosecutor’s Office; and against Julián Salto, the prosecutor of the Economic Crimes section in charge of the investigation into Ayuso’s boyfriend. The court opens a case against both for an alleged crime of revealing secrets committed by an official.
The origin of this case dates back to last March. On the night of the 13th of that month, hours after the complaint by the Madrid Prosecutor’s Office against González Amador for defrauding the Treasury of more than 350,000 euros was announced and Ayuso’s team deployed a counteroffensive, The world published that the public ministry had offered the boyfriend an agreement that same day by email. The popular ones were thus trying to sell the thesis that this offer, which was later withdrawn, was part of a kind of blackmail for political purposes. However, that was really a distorted version of reality. It was González Amador’s lawyer who, more than a month before, had tried to reach that agreement on his own initiative, as at the stroke of midnight he revealed laser and, in the following hours, other media such as EL PAÍS.
Given this context and the avalanche of requests for information from a multitude of media to the public ministry, the Madrid Prosecutor’s Office issued a statement on the morning of March 14 to clarify what happened. That note destroyed the lies that the president’s team was spreading. And, as the Prosecutor’s Office repeats, it did not reveal anything that was not already known in the press. “What is previously known is no longer secret,” the public ministry alleges in one of its defense briefs, after it received two complaints about her actions. The first was promoted by Alberto González Amador; and the second, by the Illustrious Bar Association of Madrid (ICAM), who maintain that confidential data was revealed.
The leadership of the public ministry maintains that there is no crime. The State Attorney General himself, Álvaro García Ortiz, made an institutional statement to defend his subordinates at the Madrid Provincial Prosecutor’s Office and to assume responsibility. “Freely receiving truthful information is a fundamental right enshrined in article 20 of our Constitution. The Law attributes to the Public Prosecutor’s Office the relevant function of informing the public of events that occur within the scope of its jurisdiction. The duty of confidentiality cannot be considered violated when the object of the communication is in the public domain as a result of undesirable leaks,” said García Ortiz on April 15.
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García Ortiz insisted on these arguments this Tuesday in an interview on the channel 24 hours. “It is important to know what is there before that note. And what happens is that there is intentionally misleading information. I believe that the Prosecutor’s Office has the obligation to inform public opinion. It is a basic right to ensure that this false information does not prosper to give true information,” stated the attorney general. “Two prosecutors cannot be intimidated in the exercise of their profession by those who have allegedly committed the crimes,” he added.
However, the Civil and Criminal Chamber of the TSJM considers that, at least, what happened should be investigated. “Without the admission of a complaint being ever understood as an act of advance accusation, nor a finalized qualification of the facts, the true scope of all the facts reported in the written complaint must be investigated,” reads the order of the court, whose presentation fell to Judge Celso Rodríguez Padrón. Magistrate Francisco José Goyena Salgado is appointed as instructor of the case, which already brings together the two complaints presented separately by González Amador and the ICAM.
The TSJM emphasizes that “it will be the course of the investigation that must clarify the nature of such events, as well as their objective and personal circumstances.” “In addition to this indicative approach, it is always essential to verify whether the account of events contained in the complaint is supported by some support that can support a minimum degree of verisimilitude,” the court emphasizes, which continues as follows: “Within the limits of the provisional nature of the pronouncement that are inherent to this procedural moment, the Chamber concludes that the criminal nature of the events reported cannot be ruled out and, furthermore, that they are not presented before the court without any support, nor objective evidence, nor Nor is the complainant pursuing a merely prospective investigation.”
“It is premature and not sufficiently justified to completely rule out the relevance of the investigation of the possible criminal significance of the events, as well as the degree of participation that the defendants, or other people, could have, which can only be specified through the appropriate investigation. “, continues the judicial resolution, which ignores the distorted news published by The world on the night of March 13 and which led to the clarification note from the Prosecutor’s Office.
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