“Prospective research attempt” or “general cause.” It is what the Opaque Association for Transparency was sought through its last request to the Judge of Barcelona in the case on the subsidies that the Barcelona City Council granted to social entities during Ada Colau’s mandate. The magistrate has filed for the second time the case against the former mayor and a municipal auditor.
In its file resolution, the disagreement that the investigating judge with section 5 of the Audience of Barcelona, responsible for reviewing their decisions and that two years ago revoked the first file of the case and ordered to impute Colau. A new estimate of the resource of the opaque entity by the audience would lead Colau to sit on the bench, despite the forceful rejection of the instructor to appreciate any criminal indication in his performance.
The audience’s decision to impute the auditor occurred in terms that several legal sources consulted considered misguided, since one of the arguments to agree was the comparison between their revisions of the subsidies and their academic publications that were nothing about the aid municipal to social entities. The imputation of the auditor had also generated concern in this group of officials.
The judge decides to file the case again after rejecting a new battery of evidence proposed to wing the case by the Association for Transparency, the Opaque Entity and without known activity in Barcelona beyond pleading against the mayor who complained against Colau For subsidies. Both the Prosecutor’s Office and the defense of the Auditor and that of Colau, which were exercised by lawyers Olga Tubau and àlex Solà, had requested the case file.
The entity proposed to impute the current director of the DESC Observatory, one of the subsidized entities; that a legal advisor and a municipal employee declared as witnesses; that his expert ratified a report; and to be officiated to the General State Administration to issue a report on whether there was “any benefit to Barcelona society” in subsidies granted to social entities such as PAH or alliance against energy poverty.
The judicial order shows some stupefaction for this last request for a report. “What is understood as ‘benefit for Barcelona society’?” The judge is rhetorically wondered, for a way to load with forcefulness against the application of the Association for Transparency: “It is not even specified what the opinion consists of that the opinion consists of It must be done ”.
The rest of the proceedings requested by the opaque entity, in the judgment of the instructor, seems to seek to “find some indication of some other crime to continue the cause, making it a general cause and a proscribed prospective investigation.”
The support of the magistrate to the behavior of the investigated controlled is total. Moreover, in an unusual comment, the judge shows his open “discrepancy” with the comparison between the work in the town hall and the academic articles that the Barcelona hearing considered to impute it.
“In each of the agreements investigated there was a memory,” recalls the judge on the files. The instructor also recalls that the same subsidies were already delivered with the same procedure in the previous mandate of Colau, when the mayor was then Xavier Trias (CiU).
“The City Council decided, in accordance with a procedure legally provided and followed on numerous occasions, the granting of public subsidies to entities for social purposes that had been subsidized for years, some since 2008,” resolves the magistrate.
In an evening reference to the political use of the judicial case by the complainant opaque entity, the magistrate adds that to public money management “can be criticized for prioritizing some political options against others, but does not automatically become a question of which the criminal jurisdiction should know. ”
Waiting for the Barcelona audience confirming the dismissal of the case, all judicial causes that opened against Colau during their stage at the head of Barcelona have ended in archives. Despite this, the former mayor had to appear as investigated in two procedures months before the last 2023 elections.
In one of these causes, the judge who filed the case warned that the Vulture Vauras fund complained against Colau with “purposes outside those of the criminal procedure”, in what was the first time that justice admitted the judicial war against the judicial war against the Exalcaldesa by his rivals.
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