The Supreme Court magistrate who instructs the Koldo case, Leopoldo Puentehas agreed in an order to annul the voluntary declaration of the former Minister of Transport José Luis Ábalosscheduled for next Thursday, and refuses to postpone it as the person under investigation had requested.
In the resolution, the magistrate points out that it is even “preferable” for the interests of Ábalos that it is decided to “raise or not the corresponding request” to the Presidency of the Congress of Deputies to summon him “to do so after hearing him voluntarily make a statement at a time” in which the former minister considers premature in the context of this case.
It investigates the alleged irregular contracting of masks and medical supplies during the pandemic. The order explains that in this type of voluntary declaration that is allowed by article 118 of the Criminal Procedure Law, the decision of whether or not to appear before the court corresponds to the accused, “but this It does not mean that you can do it at the time you consider most appropriate. also freely determining the ‘tempo’ of the performances”.
He adds that the decision to declare voluntarily “cannot and should not be suspended until the person considers that the the right time to lend it“. “This would not only give rise to possible undue delays but could also seriously harm the effectiveness of the investigation, which can only be directed in incriminating terms with respect to the person accused from the moment in which the request is granted. by the Chamber of which it is a part”, he adds.
Ábalos conveyed to the Supreme Court his interest in appearing voluntarily but shortly afterwards he requested to postpone the appointment, set for December 12, explaining that until the 5th he had not had access to everything investigated, due to computer problems, so he did not gave time to study the case in depth before giving a statement “with guarantees.”
In this regard, the magistrate responds that in his case the accused “is not even obliged” to appear to testify at this time and believes “preferable for your legitimate interests that the decision be made whether or not to make the corresponding request to the Presidency of the Chamber to do so after hearing him voluntarily make a statement at a time that he considers premature.” The magistrate clarifies that this “in no way entails implicit recognition of the facts attributed to him”.
For the instructor, it is not appropriate to postpone the declaration on a voluntary basis as Ábalos proposes because “precautionary measure would not be adoptable in the future something that would ensure his appearance” if he always “voluntarily resolved to appear at a later date.”
In this sense, he recalls that Ábalos “showed his willingness to appear initially on the indicated date, retracting it a few days later” and insists that “this same situation could be reproduced”, which “would not only disturb the good order of the process, causing at your discretion undue delaysbut also the good purpose and effectiveness of the investigation”.
Judge Leopoldo Puente emphasizes that “this in no case limits or restricts the right of defense of the accused since it is evident that if it were not agreed to submit the corresponding request, no procedure that would lead to his indictment or prosecution would take place.”
“And if the request is finally made and granted, Ábalos will be called to testify in this case with the full status of being investigated in a criminal proceeding and with the obligation to appear and may also do so with that same status at his own request on each occasion he needs it,” concludes the high court instructor.
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