Sunday, October 2

Delgado & Stampa case, an imperfect crime, by Ernesto Ekáizer

What are the motives that drove the operation against Stampa? We are in June 2018. Delgado has just been appointed Minister of Justice. On July 11, 2018, one of the partners of former commissioner José Manuel Villarejo was arrested. It’s about the ex-commissioner Enrique Garcia Castaño. His lawyer is former judge Baltasar Garzón, whose firm also defends others investigated in the Tandem case. The former judge personally assists García-Castaño during the search and detention to which he is subjected. And his firm publishes a statement in which it describes the arrest as a “disproportionate act of the Prosecutor’s Office, which unilaterally and without a decision from the judicial body that investigates the facts, has issued an arrest decree during the registration of his address…”

The audio of a meal

At the end of September 2018, an audio was filtered of a meal that police officers had held with Villarejo in 2009, in which Garzón and Delgado participated. The former judge files a complaint for discovery and disclosure of secrets as a result of that leak. The brief excludes, as on the occasion of the arrest of García Castaño, the authorities and officials of court number 6 of the National High Court. Garzón points to the Prosecutor’s Office. The former minister and now, at the end of February 2020, the State Attorney General, comments with her collaborators that Stampa is responsible for filtering the audio of the food with Villarejo. This statement presents a problem: the audio in question is not part of the material seized from Villarejo after his arrest. Therefore, it is material to which the prosecutors and the investigating judge have not had access.

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In the wake of an anonymous complaint encouraged by those who want the nullity of the investigation of the Tandem case if accused to Stampa and to the fiscal Miguel Serrano of leaks of the summary. The Prosecutor’s Office opens proceedings. But only against Stampa. The far-right party Vox files another complaint with the Superior Court of Justice of Madrid (TSJM) against both prosecutors. But only Stampa is being investigated.

The lieutenant prosecutor of the TSJM Carlos Ruiz de Alegria proposes conclusively, after doing errands, the file. The FGE orders him to repeat proceedings. Reproposes the file on October 23. The FGE persists in making more inquiries. What for? It needs to arrive by October 27. Because the FGE will take to the Fiscal Council the proposal to award eight fixed places in the Anticorruption Prosecutor’s Office. Stampa and Serrano are contenders. And the FGE does not want the file before that meeting because it is not going to propose to Stampa. Eureka! It is the formula to load it. And it succeeds. The members say ‘yes good’ to the FGE.

In order not to be immediately exposed, the FGE proposes further proceedings to the TSJM. Prosecutor Alegría refuses. And in response to what is asked of you, your boss, Jesus Knight Klink, relieves you as an instructor. As he aspires to be renewed in his mandate, which has expired in September 2020, Caballero Klink does good writing. He carries out the suggested errands, not without clumsiness, but he proposes the file again. His mandate in the TSJM will not be renewed.

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The icing on the cake: the suggestions of the FGE technical secretariat to the TSJM for extend the mock proceedings they are withdrawn from the file to avoid the hand that rocked the crib from being evident. And that they are proof that Dolores Delgado, who is initiating proceedings against Stampa, should also – apart from the fact that she is Garzón’s partner – have also abstained.

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