The judge of the National Court Manuel García Castellón has agreed this Friday to open an oral trial against the former Minister of the Interior Jorge Fernández Díaz, his number two Francisco Martínez and the then police leadership for the so-called Kitchen operation, the parapolice device put in place He is supposedly marching with the aim of stealing from PP treasurer Luis Bárcenas material related to the judicial investigation of the ‘Gürtel case’ that is sensitive to the conservative formation.
In an order, the head of Central Court number six rejects as “extemporaneous” the request of the popular accusation exercised by the PSOE to declare civil liability for profit of the PP, but establishes it, in a subsidiary manner, for the General Administration of the State in the event that those investigated – most of them public officials – are convicted.
The order opening the oral trial includes all the crimes raised by the accusations, the Prosecutor’s Office, the State Attorney’s Office, PSOE, Podemos and the Bárcenas family, in their respective writings and which include various crimes such as discovery and disclosure of secrets, prevarication, omission of duty to prosecute crimes, bribery, influence peddling, embezzlement, cover-up, against privacy and obstruction of justice. In the case of the PSOE, Podemos and the Bárcenas family, they also add those of a criminal organization or illicit association, among others.
For the judge, the different accounts of the accusation documents, with their corresponding criminal qualifications, are, in principle, adequate, all without prejudice to what results from the oral trial phase, which will be examined by a court of three magistrates.
In relation to the civil liability of the PP requested by the PSOE, the judge recalls that until this moment, in this piece of the ‘Tándem or Villarejo case’, no claim in this sense has been directed against the PP and that, therefore, following the doctrine of the Supreme Court, it is out of time, taking into account, furthermore, that it is carried out without specifying the amount or the specific facts and actions from which said responsibility arises, “there being a lack of relationship between the facts that support the claim and “the person against whom the civil action is brought.”
Bail bonds
In addition to the former popular minister Fernández Díaz, the judge sends to trial the former Secretary of State for Security Francisco Martínez, the former Deputy Director of Operations (DAO) of the Police Eugenio Pino, to the top. Police arrests José Luis Olivera, former head of the UDEF or CITCO, Marcelino Martín Blas, José Angel Fuentes Gago, Bonifacio Díez Sevillano, Enrique García Castaño, Andrés Manuel Gómez Gordo, retired commissioner and main investigator in the macro case José Manuel Villarejo, as well as well as Bárcenas’ driver Sergio Ríos Esgueva, the person who used the plot to spy on Bárcenas in exchange for money from the reserved funds.
Regarding Olivera, Fuentes Gago and Díez Sevillano, for whom the prosecutor had requested a provisional dismissal, the investigator rejects this request and asks the Public Ministry to formulate a written accusation within three days or to renounce it. The magistrate also rejects a complementary procedure requested by the PSOE considering that the investigation is completed.
The resolution agrees to impose civil liability bonds of 120,000 euros for Jorge Fernández Díaz, Francisco Martínez and Eugenio Pino, as well as 100,000 euros for Villarejo and Sergio Ríos, 20,000 euros for Andrés Manuel Gómez Gordo and 3,000 euros for the rest, except García Castaño, who is set at 2,000 euros.
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