The defense of the employer Oriol Soler, one of the main investigated of the ‘Operation Volhov’, has asked the Audiencia de Barcelona to separate the case from the investigating judge, understanding that he has assumed the competence to direct it for political reasons.
Soler, who was a member of the “staff” that organized the 1-O, was arrested on October 28 along with a score of other people, in an operation ordered by the head of the examining court number 1 of Barcelona, Joaquín Aguirre , which investigates the alleged diversion of public funds to former identity Carles Puigdemont, various influence peddling operations and possible probes of the independence movement in Russia in search of support for the ‘procés’.
The operation, carried out by the Civil Guard, is part of a separate piece that the magistrate opened as a result of some recorded conversations that were intervened on the phone of the former CDC leader Victor Terradellas, the main defendant in a case opened more than four years ago for an alleged diversion of subsidies from the Diputación de Barcelona to entities related to the defunct formation.
In a writing, Benet SalellasSoler’s lawyer, last week asked the investigating judge to send the new piece to the dean of the Barcelona courts for distribution, understanding that he cannot assume a procedure that is “absolutely substantive of its own” with respect to the main cause, without a resolution arguing the “connection” between the two cases.
In one order, the judge has rejected Salellas’s request, reminding him that he has followed the “usual criteria” of the Barcelona courts, which establishes that the court that draws testimony from some proceedings will be the “competent” one.
The defense has filed an appeal before the Audiencia de Barcelona, alleging that la Law of Criminal Procedure it establishes that “each crime will give rise to the formation of a single cause” and denounces that Soler’s rights have been violated to the “natural judge and the impartial judge.”
The brief highlights that “the maintenance of unjustified competence” in the case “totally breaks the appearance of impartiality”, since “it may cause a reasoned suspicion that the judicial body is adjudicating itself the knowledge of the file beyond what is legally it corresponds to him for reasons unrelated to the administration of justice. ”
“Y this is even more serious in the present case, which has its own obvious political significance, insofar as it deals with the Catalan process and the subjects investigated are part of or close to political parties or organizations “, he adds.
According to the lawyer, the court has not issued any specific resolution on “connection” between the two causes, as prescribed by the procedural system, which since the last reform of 2015 establishes “as a general rule that each crime will lead to the formation of a single cause”. EFE
The Prosecutor’s Office opposed the first telephone intervention
The Anticorruption Prosecutor’s Office opposed in August 2019 the first telephone intervention of the businessmen arrested in the ‘operation Volhov’ David Madí, Xavier Vendrell and Oriol Soler, requested by the Civil Guard, considering it “hasty” due to lack of evidence.
In a writing, the public prosecutor refused on August 28, 2019 to intervene the telephones of the three investigated, within the framework of the new separate piece opened by the head of the court of instruction number 1 of Barcelona, Joaquín Aguirre, for the alleged diversion of public funds to the former president of the Generalitat Carles Puigdemont, who fled in Belgium.
The new piece is the result of some recorded conversations that were intervened on the phone of former CDC leader Víctor Terradellas, the main defendant in a case opened more than four years ago for an alleged diversion of subsidies from the Diputación de Barcelona to entities related to the defunct training.
To oppose that first telephone intervention, which the Civil Guard requested to follow the trace of a cryptocurrency that would be promoting charges of the Government, the Anticorruption prosecutor argued that none of those investigated “has responsibility in the government” and that the Terradellas conversations were from May 2018.
The Prosecutor’s Office also alleged that the investigators had not clearly identified the money allegedly embezzled for the use of cryptocurrencies – one of the ways that the judge suspects would be used to get the funds to Puigdemont – and that, in any case, their creation “It cannot be considered criminal.”
The public prosecutor argued that, after a year since the Terradellas talks, There was no evidence that the Generalitat had created cryptocurrencies and asked for more indications to support a “measure as burdensome” as a telephone intervention.
According to legal sources, the Prosecutor’s Office – which did not request any precautionary measure for the detainees in the ‘Volhov case’ – did not object to the subsequent extensions of the telephone interventions.
Yes he objected, in January 2020, to extend the location and sound systems that the Civil Guard installed in the vehicles of the main investigated and requested more details from the armed institute to substantiate the need for this follow-up measure.
After a report in which the Civil Guard indicated that the follow-ups were being “useful” for the investigation and argued that they were necessary to obtain data on the “meetings” held by the accused, the Prosecutor’s Office objected on August 28, 2019 to the last of the extensions of the tracking devices in vehicles.
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