The reinforcement judge of the Central Court of Instruction number 6 of the National Court, Joaquín Gadea, has refused to file the case for the president of Iberdrola, Ignacio Sánchez Galán, in a car in which also rules out that he was the victim of espionage by commissioner José Manuel Villarejo.
The resolution, issued last Friday and to which ABC had access, rejects an appeal for reform raised by Galán last July, when after being charged and without having yet appeared to testify – it is cited next January – he requested the dismissal . It also stated that he could be the victim of monitoring by the commissioner and claimed «The protection of your rights» in this sense.
And he did so by referring a handwritten annotation of the intervened agendas to Villarejo dated April 9, 2007 and with the following tenor: «Ignacio Galán: I was eating with 2 guys.
One with a mustache and gray hair. They talked about problems in Puerto Marítimo in the Islands (it could be Fuenteventura, Lanzarote …) », said Villarejo’s handwritten annotation, dated April 9, 2007.
«The procedural representation of José Ignacio Sánchez Galán understands that the data contained in this annotation evidence that this was the object of investigations, inquiries or surveillance, referring to the letter that even in the knowledge of the content of conversations held during a lunch, “summarizes Judge Gadea.
As he recalls, already in other resolutions of the Villarejo case the instructor has been saying that the agendas have value “as an indication to summon a person as investigated, that is, to be valued as an indication ‘of charge'” “but “It cannot serve by itself” as a basis “if it is not corroborated by any other data.”
“Thus, the annotation transcribed does not go beyond being a reference made by an investigated person in a private document for his personal handling and that, in the present case, is referred to a third person, without, from its mere reading, nor from the manifestations of the procedural representation of Mr. Sánchez Galán, indicative elements are appreciated sufficient to allow the exercise of actions against its author “, concludes Judge Gadea, who thus discards his claims.
Regarding dismissal, the reinforcement instructor draws attention to the fact that “Despite offering the aforementioned the opportunity to attend the judicial appeal in order to be heard “he has requested the filing of the proceedings,” without even having declared about his alleged participation in the commission of the criminal acts “as corresponds to the exercise of the right of defense.
After the declaration, you will see
As he concludes, the order for which he was charged on June 23 “condenses” in the terms required by law and jurisprudence “l
the evidence elements from which the factual support of the criminal participation that has been determined from the summons is deduced “and” does not lose its effectiveness with the allegations presented by the defense “of Galán.
He thus understands that this order “is sufficient to maintain the summons” that has been indicated on January 18, “without accessing the intended file for now.” “All of this,” adds the judge. without prejudice to being able to reassess the procedural situation Jose Ignacio Sánchez Galán once he has been able to explain himself, if he wishes, with full guarantees about the alleged criminal acts that have motivated his accusation ”.
The judge has rejected two other appeals for reform, although no longer from Galán, but from Iberdrola’s representation in which the company intended to declare the proceedings null and void and recall certain investigated parties. Remember that the Third Section of the Criminal Chamber has already rejected the nullity raised “In identical terms” by the electricity company and tells the company that he does not see the use of calling those defendants again.
George is Digismak’s reported cum editor with 13 years of experience in Journalism