The head of the central court of Instruction number 6 of the National Court, Manuel García Castellón, has suspended the statement as investigated of the president of Iberdrola, Ignacio Sánchez Galán, for the alleged work commissioned to the former commissioner José Manuel Villarejo. In a ruling dated this Friday, the magistrate urges the Anticorruption Prosecutor’s Office and the rest of the parties to, within five days, “report on the nullity” requested by Iberdrola, given that the procedural situation of the electrical.
Once resolved, the judge adds, “a new complaint will be made, if applicable,” in the case that tries to clarify whether the utility hired Villarejo’s services to spy, among others, on the president of ACS, Florentino Pérez. . Iberdrola does not appear as a defendant in the case, but neither is it a person as an accusation, so they are not aware of the court decisions and are in a defenseless situation, according to the company in its last letter to the judge.
The legal representation of the electricity company refers to the complaint that he filed in January 2020 against his former head of Corporate Control José Antonio del Olmo for allegedly falsifying a document that he would have prepared himself to warn of payments to a company “that could be Cenyt” by former commissioner Villarejo.
This fell to a court in Bilbao – where the multinational has its headquarters -, whose owner was inhibited in favor of the National Court considering that there was a connection with the investigation directed by Judge García Castellón. The magistrate then accumulated the proceedings to the case; However, the company is surprised that, after almost a year has passed, Iberdrola “still does not know what its future has been” or if any tests have been carried out in this regard.
The company complains that it has not been notified of any of the resolutions adopted in reference to those events, and defends that the helplessness caused “is notorious”, since the status of private prosecution has been revoked. For this reason, it requests the nullity of all the decisions agreed between May 27 and June 25, and that the case be carried back to that moment, in order to be able to exercise its right of defense.
Among other proceedings, this measure would affect the order in which the judge charged the president of the electricity company and three other people for the alleged continuing crime of active bribery, against privacy and falsification in a commercial document. In addition to Sánchez Galán, on June 7, the former head of the Presidential Cabinet of the multinational Rafael Orbegozo was also summoned as a defendant. The CEO of Iberdrola, Francisco Martínez Córcoles, and the former president of Iberdrola Spain, Fernando Becker, were also required to testify as investigated in this latest round of interrogations.
Willingness to conceal commissioned works
The case dates from the end of 2019, after it was published that Iberdrola hired Villarejo to spy on a judge, infiltrate platforms contrary to the interests of the electricity company, harass members of the works council of the Cofrentes nuclear power plant or investigate to a critical shareholder with the management of the company.
The magistrate appreciates indications that there was a willingness on the part of the company to hide the work commissioned from Cenyt, the former commissioner’s company, as proof that the corresponding invoices were issued by a different company.
In total, he pointed out in his car, between 2004 and 2012, 15 invoices issued by Cenyt for an amount of 1,047,324 euros appear as received and paid. Among the services requested is the so-called “Posy project”, focused on investigating Florentino Pérez “in order to find out about any circumstance that, if necessary, could be used in a conflict scenario with Iberdrola”.
In fact, among the intervened documentation were the census data of Pérez and his family; by then, in 2009, Sánchez Galán “was already in the position of president.” Company sources assure that the directors’ statement represents an opportunity to clarify things, as Iberdrola pointed out a few weeks ago to the National Securities Market Commission (CNMV) and to the judge himself.