The Court of Seville has annulled the case investigating businessman Juan Carlos Martínez, husband of the former general director of the Civil Guard María Gámez, by continuing a judicial investigation despite the fact that the legal deadlines had expired. This formal defect overturns the investigation for money laundering, embezzlement and prevarication by the Sevillian Court of Instruction number 6, which ended last March with the career of Gámez, who resigned hours after the case against his partner came to light.
The defense of a brother-in-law of Gámez, also investigated, alleged before the Court that the investigation by the Court of Instruction 6 had exceeded the deadlines set by the Criminal Procedure Law and that the Supreme Court had clarified that they were “mandatory.” Martínez, investigated since last March, was accused of having indirectly received funds from the Junta de Andalucía between 2009 and 2011, when the PSOE governed, through a company owned by his brother Bienvenido.
The magistrates of the Sevillian Court conclude that the investigation by the investigating judge José Ignacio Vilaplana against Martínez should have ended on July 29, 2022, but both he and his brother were summoned as investigated on February 22, 2023. Therefore, all The resolutions and investigations of the Investigating Court 6 after July 2022 are annulled. The Supreme Court clarified in previous rulings that the deadlines set by article 324 of the Lecrim, set in 2015 to prevent judicial investigations from dragging on, are “their own procedural deadlines, without the possibility of recovery (…) they are not flexible, but imperative or exhaustive,” recalls the Court’s order, dated last Tuesday and advanced this Friday by Seville newspaper.
In the court that investigates the macro-cause of the ERE with its 140 pieces, the Sevillian 6th of Instruction, this obligation to extend the investigations from time to time has taken its toll and on occasions like this it has put an end to ongoing investigations. Now the judges of the Court understand that on July 29, 2022, as the investigation period was not extended, “a situation of procedural crisis” occurred.
The investigations against Martínez were derived from the case opened against the defunct Santana Motor car company, with the participation of the Andalusian Government, and which in turn was separated in 2015 from the ERE case. In the case that will be closed as soon as the investigating judge abides by the Court’s order, the Martínez brothers, the former director of the Idea agency Jacinto Cañete and the former administrator of the public company Fagia Carlos Fernández are accused.
The Sevillian Court highlights in its order that it is “evident” that the people investigated in the case that will now be archived “were already being investigated for the same facts in the previous preliminary proceedings 3969/2015 [de Santana Motor]”. The magistrates consider that with regard to the procedural deadlines, “their origin cannot be ignored, nor their subsequent procedural vicissitudes,” which is why their charges should have been extended based on the Santana Motor case.
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A year ago the Isofoton case, with 38 investigated and that was investigating the aid of the Andalusian Government to the Malaga energy company of the same name, The Sevillian Court overthrew him for a similar defect, having extended the investigation for four months irregularly in 2017. In this case, the Anti-Corruption Prosecutor’s Office had identified the ministers María Jesús Montero and Luis Planas, as former Andalusian Health Ministers. and Agriculture, Fisheries and Environment, which granted aid of 8.3 million to the Isofoton company in 2012, but the investigations were stopped cold due to the legal deadlines to extend the investigation.
Juan Carlos Martínez’s company Job Management Liberty SL received funds from the firm Experience Management Group SL, owned by his brother Bienvenido, president of Santana Motor between 2009 and 2011. After leaving the Board, Bienvenido created consulting and management companies that received funds for 1.3 million from the organizations in which he had previously been a director. Furthermore, the investigation highlights that Gámez’s husband received 128,880 euros from the Rovi pharmaceutical laboratories, subsidized by the Idea agency, of which his brother Bienvenido was a director. Juan Carlos Martínez was a director of the Board companies Incuba, Soprea and Fagia in 2010 and 2011.
The lawyers who have now won the appeal considered by the Court, Juan Carlos Alférez and Manuel Pérez Cuajares, from the law firm Constitución 23, Litigation Study, praise that the magistrates have shared their opinion that the case against Martínez was linked to the previous one of the one that emerged, that of Santana Motor. “Instead of immediately creating a new separate part for that new object [la investigación contra Martínez]its division is dilated in time after creating the new piece, it is intended that the term counters are reset to zero, when this is a clear fraud of law.
In other words, the lawyers emphasize that the deadlines that an investigating judge must respect are those of the original piece from which other investigations connected to the first arise: “The appealed resolution contains a very interesting legal formulation that, accepting the challenge that we proposed in our resources, establishes that when an instruction is divided into separate pieces, the initial period of the expiration periods is not that of the initiation of the new process, but rather that of the future of the parent piece from which it comes, provided that the object of The separated piece is already being investigated within the matrix.”
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