The Supreme Court urges the judge to investigate the attorney general to cite as a witness the couple of Ayuso | Spain
Judge Ángel Hurtado, Instructor of the Cause Open to the State Attorney General In the Supreme Court, Alberto González Amador, a couple of Isabel Díaz Ayuso and charged with fiscal fraud will have to cite as a witness. The Appeal Chamber has corrected the judge again and has agreed to the request of Álvaro García Ortiz and the provincial chief prosecutor of Madrid, also charged, to cite to declare González Amador, who exercises the particular accusation in the case. The Chamber, on the other hand, maintains Hurtado’s decision not to require the intervention and dump of the mobile phone of Miguel Ángel Rodríguez, chief of cabinet of the president of the Community of Madrid, as well as not to cite several journalists (among them, four of El País) who have assured that they had knowledge of the content of the email whose filtration is investigated hours before García Ortiz received it.
It is the second time that the Appeal Chamber – composed by Julián Sánchez Melgar, Andrés Palomo and Eduardo de Porres – amends the magistrate who investigates the general prosecutor for secrets. The first was this Thursday, when the judges that review the decisions of Hurtado who are appealed by the defenses or the accusations, urged him to accept the personation of Hazteoiar. The instructor denied the appearance of Ayuso’s couple on January 27, with the argument that it is not usual to quote the person who has filed the complaint because it usually « is harmful to the accused. » In addition, according to the judge, González Amador’s position is already reflected in his complaint and for the action of his lawyer throughout the procedure.
The Chamber rejects that reasoning of the instructor and does not see reasons to deny the statement of the couple of the Madrid president. « Being the defense itself who requests the declaration of the complainant, we see no reason for his denial, since it will be affected by the alleged dissemination who will offer the contours of his performance. As available to the instruction is the complaint as the complainant, so we will access his declaration, in the exposed terms, that is, to find car.
The judges thus give Green Light to González Amador being interrogated, with the obligation to tell the truth, about the dissemination of the email in which his lawyer admitted that the Ayuso couple proposed to the Prosecutor’s Office an agreement that would free him from entering the jail and admitted the commission of two fiscal crimes. The filtration of this last data is the one that, according to the Supreme Court, can constitute a crime of revelation of secrets because it affects the privacy of the Ayuso couple and can damage their right of defense.
In a car notified this Friday, the room remembers that the Article 299 of the Criminal Procedure Law (LECrim) It determines that the summary is the actions aimed at preparing the trial and practiced to find out the perpetration of crimes « with all the circumstances that may influence their qualification and the guilt of criminals. » « From this interpretive plane, the declaration of the complainant can undoubtedly serve to verify such circumstances, particularly its incidence on the personal level, which is one of the elements of article 417.2 of the Criminal Code (which is attributed to García Ortiz and Rodríguez), if it were the final criminal rating, » they add.
The Chamber also recalls that article 311 of the LECrim provides that the judge who instructs the summary will practice the proceedings proposed by the Prosecutor’s Office or any of the person, « if they do not consider them useless or harmful. » « Naturally, the concept of ‘harmful’ is not preached from its incidence in the person of the complainant, but that such proceedings are harmful to summary investigation, that is, for the investigation of the crime with all their incidents, » warn the magistrates.
The Chamber also accesses another of the proceedings that was denied by Judge Hurtado, consisting of ratifying and clarifying the report of the Central Operational Unit (UCO) of the Civil Guard giving account of the expert diligence related to the material intervened in the records of the headquarters of the Provincial Prosecutor’s Office of Madrid.
The self dismiss the appeal resources of the Attorney General and the provincial prosecutor in everything else. The Chamber ratifies the refusal of Judge Hurtado to cite as witnesses a series of journalists, as well as the request of the investigated to require the intervention and overturned of the mobile phone of the chief of cabinet of the president of the community of Madrid. Miguel Ángel Rodríguez began spreading on March 13 the lie that the Public Ministry had offered an agreement to the couple of the popular leader. To support his theory, he admitted to the Supreme Court, leaked a e-mail of March 12 of the prosecutor Julián Salto, who carried the case against González Amador, to the lawyer of González Amador, but in a misrepresented way without saying that this email was in response to an previous one of the lawyer.
“The need for your telephone device is not envisioned, as long as it has the condition of witness, it must be subject to a dump. This person does not affect any duty of confidentiality regarding actions that are not followed in the dependencies in which it serves, which is why a measure as the interested party should be equipped with some special reason, a reinforced reason, which is unknown, because what it is about. Confidentiality of the public service held by those investigated in relation to documentary elements under their control, not the performance of third parties, aspects that could hypothetically interest the investigation, which is why this point of the appeal will be dismissed will be dismissed, ”concludes the car.
