The legal representation of the deputy and former Minister of Transport José Luis Ábalos has requested the Supreme Court (TS) to appear in the case that the high court has opened against him for the alleged crimes of membership in a criminal organization, influence peddling, bribery and embezzlement. , after the judge of the National Court (AN) investigating the ‘Koldo case’ urged to investigate it for his “main role” in the alleged plot.
According to legal sources, the brief of appearance was presented to the Supreme Court last Monday, November 11. The former minister’s entourage explains that this would be a prior step to the request for voluntary declaration, which is still being weighed.
It should be remembered that, if this voluntary declaration were to take place, it would paralyze the processing of the petition request to the Congress of Deputies, something necessary to lift the immunity of a deputy. However, if the court later decides to act against him, it would have to go to Congress to authorize that investigation.
In the reasoned statement sent to the Supreme Court, the head of the Central Court of Instruction Number 2, Ismael Moreno, pointed out “the existence of founded and serious indicationsa clear and concrete accusation or evidentiary support, which shows the alleged participation of Ábalos” in the events.
Judge Moreno pointed to the alleged commission of a crime of belonging to a criminal organization “as he occupied a leading role in the network created” by businessman Víctor de Aldama, the organizer of the plot, “to achieve business with the administrations public”.
On November 7, the Criminal Chamber accepted Moreno’s request but reopened a case from 2021 where it analyzed a complaint then filed by a lawyer, Ramiro Grau, against Ábalos, which was archived. Last March, the lawyer asked to reopen the case and the Second Chamber responded in September that it would wait for the results of the investigations in the National Court for these same events.
The Supreme Court concluded that “the facts described, without prejudice to what may result from the investigation, could constitute” crimes of membership in a criminal organization, influence peddling, bribery and embezzlement. Until now, the AN was not investigating the latter, so the high court is expanding the investigations to a new criminal offense.
“It is, therefore, essential to continue the investigation into them and into the participation in them of the person under arrest, José Luis Ábalos,” said the Second Chamber, in a presentation by magistrate Andrés Martínez Arrieta.
The Supreme Court explained that in principle it will only be in charge of the “investigation of the facts for which, indirectly, the accused could be responsible and with respect to those people who, due to the needs of the investigation, particularly the continence of the case, the investigation is essential.” “.
“Consequently, the extension of jurisdiction to acts committed by persons not certified before the Supreme Court will only be appropriate when a cinseparable material connection with those investigated and the persons under arrest“, he clarified.
It is worth remembering that Judge Moreno asked to investigate the former ‘number three’ of the PSOE after a report from the Central Operational Unit (UCO) of the Civil Guard that is based on WhatsApp conversations between the different characters in the ‘Koldo plot’. ‘ that reflect issues such as the alleged intermediation of De Aldama for the rescue of Air Europa or for the visit of the Venezuelan vice president, Delcy Rodríguez.
#Ábalos #requests #Supreme #Court #case #opened #Koldo #case
