The judge investigating Begoña Gómez has ruled out the accusation of Cristina Álvarez, her advisor in the Presidency of the Government who also carried out procedures on her behalf related to the management of the extraordinary professorship that she directed at the Complutense University of Madrid. He considers that the fact of working for the wife of the President of the Government places her “per se” in a context of criminal collaboration. He has, however, asked La Moncloa for more information about his position.
In a resolution to which ABC had access, Judge Juan Carlos Peinado thus responded to the request for charges filed by HazteOír, which brings together popular accusations in this case, based on the emails provided to the case that accredited the efforts of Álvarez for the chair, being hired not at the University, but as director of plans for the General Secretariat of the Presidency of the Government.
For the instructor, “the fact that a person who works for the investigated party, even if it is in the premises of the headquarters that constitutes both its domicile and its place of development of other activities regardless of her status as wife of the president of the Government” does not imply that it will “involve in any third party a moral or psychological influence” such as to attribute to that third party “an accessory participation” in the crimes that are attributed to it.
«This role of assistant to the aforementioned investigation, which could be performed by any other person, does not even allow for an application of the theory of scarce goods to understand a hypothetical interpretation of a necessary cooperator, and therefore, it cannot be attributed to Cristina Álvarez the condition of being investigated in said criminal act, the object of investigation, so there is no place for this request for the representation of the popular accusations,” says the resolution.
However, the instructor wants to clarify what Álvarez exactly does in his position as President of the Government. He has already asked Moncloa for information about the advisors in his situation, but the response he has received is that the list of jobs does not include any with the name “advisor.”
No “advisor” in Moncloa
“The Presidency of the Government is requested to send a list of the people who fulfill said function within the organization chart of the Presidency of the Government, including the specific functions they perform,” Peinado now answers.
The magistrate also resolved this Friday a battery of appeals that he had on the table, demanding changes in agreed decisions on investigative proceedings. Specifically, a total of 16 resolutions had been appealed for accusations and/or defenses, 15 of them orders and another an order.
«The purpose of all the reform appeals mentioned above is the peculiarity that they show their disagreement with the instructor’s decision to carry out certain investigative procedures in the investigation phase, a decision that, although not expressed in a particularly clear manner, entails evidently implicitly the assessment of proceedings that may be useful and relevant for the instruction, and, therefore, are not considered superfluous,” he argues.
It dismisses all these resources precisely because they are proceedings “aimed at investigating” the facts “and whose implementation has already been carried out in most of the cases and the reality derived from this is that they have been effective for the purposes of the present instruction, from the perspective of the person who has the responsibility of directing it.”
#judge #rules #charging #Begoña #Gómezs #advisor #asks #information #position #Moncloa
