Ábalos asks the Supreme Court to investigate the leak of his judicial statement

The defense declares itself outraged by the fact that the statements have been published in the press when it has not yet received these recordings. “The first person who should be aware of them is the Public Prosecutor’s Office and the parties involved and not the media, as has happened,” he maintains.

For this reason, the former socialist leader asks the investigator of the case, Leopoldo Puente, to “proceed to open an investigation into the leak that has occurred and that has also been occurring previously.

Ábalos himself has announced that he has presented this writing on the social network It has already been leaked to the media“.

“Now that there is so much talk about ‘leaks’ and since I have been suffering for a long time, today I have found myself in the need to request Magistrate Leopoldo Puente, opening an investigation into the leak to the media of the images of my statement in the Supreme Court on December 12, although, to this day, it has not yet been transferred to my defense in the ‘Delorme Case’,” he said.

“Since the beginning of this case, everything has been a continuous succession of leaks of elements of an investigation that is reserved with the aim of generating a parallel media trial and my personal, social and political discredit. “It is very regrettable to see that this has not been stopped when in other well-known cases it seems that they are a crime against humanity,” he added.

“Absolute nullity”

On the other hand, Ábalos has presented an appeal where you ask for nullity of the investigation, alleging that the Criminal Chamber of the TS formally requested the request from the Congress of Deputies without giving room for the defense to appeal.

Thus, it explains that on December 18, Judge Puente decided to request the request from the Lower Chamber and the next day the Second Chamber processed it. However, the instructor’s decision was notified to him on December 19 and he appealed it on the 20th. also alleging “absolute nullity” for understanding that Ábalos’s “right to parliamentary immunity had been violated.”

Among other reasons, in that first appeal the former Minister of Transport argued that it had been subject of illegal investigation by the Central Operational Unit (UCO) of the Civil Guard because it intercepted an envelope addressed to him when he was already investigating the ‘Koldo case’ but without it being able to be addressed against him because it was seized.

“Well, this appeal was not upheld or rejected (until this date) by the investigating magistrate, therefore, there is a violation of effective judicial protection“, states the defense in this appeal.

The PP, against annulling the case

In parallel, the popular accusation exercised by the Popular Party has opposed to that first resource of Ábalos. The ‘popular’ emphasize that the former minister “has not been subject to a single one of the limiting measures of fundamental rights agreed upon within” the case, “rigorously respecting the prerogatives that his status as a deputy entails.”

“A different issue is that, within the framework of the investigative procedures lawfully agreed upon and carried out with respect to those investigated, identifying data appears of a new actor, alleged member of the investigated criminal organization, José Luis Ábalos,” maintains the PP brief.

In the opinion of the ‘popular’, “what cannot be accepted is that a single supposedly illicit act of investigation”, and which the group denies, “vitiate of nullity each and every one of the indications indirectly collected regarding Mr. Ábalos by other means that are totally independent and disconnected from the previous one.”

“What the person cannot expect is that our judges and courts ignore the signs of his participation in an alleged criminal act. That is not the purpose of either the assessment or the privilege of immunity,” concludes the PP.