Delay of justice is not always to blame who administers it. Good proof of this is what happened yesterday in the Second Chamber of the Supreme Court, where the deliberation of the appeals filed against the convictions in one of the CAM processes, that of the diets of former president Modesto Crespo. A session that had to be suspended due to the incident of disqualification of one of the members of the court presented by the defense of the former director general Roberto López Abad the day before when the composition of the court had been known for at least ten years.
Besides Crespo, who He admitted to having improperly pocketed the 600,000 euros that the box paid him as allowances without being it, and López Abad, who, according to the ruling, devised the formula for this disguised remuneration, in this case four other people are sentenced: the three members of the remuneration commission who gave the go-ahead to the emoluments (Antonio Gil-Terrón, Martín Sevilla and Luis Esteban), and whoever was secretary of the board of directors of the savings bank, José Forner. A year and a half in prison for the four former councilors, two and a half years for López Abad and nine months for Crespo, who on the last business day before the trial agreed with the Prosecutor’s Office to admit the facts and return the money in comfortable terms in exchange for not entering in jail.
Against the ruling, all those convicted presented appeals that yesterday would have been deliberate had the defense of López Abad not requested the challenge of the magistrate Carmen Lamela, whose “objective impartiality” he questions for having had knowledge of other pieces of the seven opened by the management of the CAM in the National Court.
The challenge incident occurred the day before yesterday, one day before the date set for the hearing, as the composition of the court had been known for more than a week. Chaired by the magistrate Andrés Martínez Arrieta, he included Pablo Llanera, Eduardo Porres, Vicente Magro, who is also the speaker, and the one questioned by the defense of López Abad Carmen Lamela.
The instruction of the piece of the allowances of Modesto Crespo, in which the entire board of directors of the fund was prosecuted until the process was added 21 accused (of which fifteen were acquitted), was initiated by the then head of the Central court number three and today practicing lawyer Javier Gómez Bermúdez. But the investigation moved from Madrid to Alicante before Lamela took over the Bermúdez court after being appointed liaison judge in France.
At the request of the anti-corruption prosecutor Luis Rodriguez Sol, who was the one who raised it, the piece traveled to the Court of Instruction number five in Alicante. And it was its head, Magistrate Manrique Tejada, who concluded the investigation and left the case ready for trial. The trial was held at the Alicante Court between May and June 2018, the sentence was known in November of that year and yesterday, if Lamela’s challenge had not prevented it, it would have been seen for sentence in the Supreme Court.
Caribbean businesses, also pending resources
That of Modesto Crespo’s allowances is not the only cause of those opened by the CAM management that is pending the Supreme Court’s decision. The sentence that condemned former directors Roberto López Abad and Daniel Gil and businessmen Juan Ferri and José Baldó to two years in prison each for the CAM business in the Caribbean is also appealed there. The acquittal of the relations with Hansa has not been appealed.
Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.