The judge of the National Court investigating the ‘Koldo case’, Ismael Moreno, agreed this Monday to unify the representation and defense of the popular accusations in the present case under the direction of the Popular Party lawyer. The lack of agreement between the associations that make up the popular action has forced the judge to be the one who decides.
In an order, collected by Europa Press, Judge Ismael Moreno decides to leave the legal direction in the hands of the ‘popular’ as it is the first accusation filed in this case, where he investigates alleged irregular awards for the purchase of medical supplies.
“Without the agreed unification, the breach of the right to not suffer undue delays as a consequence of the plurality of parties would be notorious if they acted separately and not under the same defense and representation, not requiring an absolute identity of the legal positions of the parties.” popular accusations, a similarity or convergence of interests is enough,” argues the instructor.
In his resolution, the magistrate ensures that the necessary requirements to adopt this decision are met. “A single procedure, several accusers exercising the popular accusation, coincidence of (procedural) interests, as well as the assessment of the judicial body weighing the right of defense,” he points out.
That is why, he adds, “the unification of popular accusations must be agreed upon in a single legal representation and a single legal direction, in the conviction that the agreed measure does not cause harm to the rights of defense and legal assistance, and whose purpose is none other than to ensure the good order of the process and avoid the risk of undue delays.”
Judge Moreno makes this decision after having heard the parties and “in the absence of agreement between them regarding the persons to whom said representation and common defense should fall.” “It will be the most objective criterion of priority in the appearance in the case that settles the difference, — a criterion that the Supreme Court has been resorting to in previous analogous cases –, in this case corresponding to the Popular Party,” concludes.
It should be remembered that the PP is also in charge of the popular accusations in the part of the ‘Koldo case’ that the Supreme Court is investigating. In fact, the ‘popular’ lawyer was the only one who could attend the interrogations of former minister José Luis Ábalos or the alleged achiever of the plot, Víctor de Aldama.
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