The judge convicted of prevarication and expelled from the race, Fernando Presencia, will have to testify in the coming weeks at the National High Court for slandering on his website, among others, Supreme Court magistrates in what could constitute a crime against High state institutions. However, before the paseíllo takes place, in the court they value that a forensic examine the state of mental health of him.
According to the sources consulted by ABC, from the reiteration of his conduct, signs of imbalance. The medical check-up would help determine if the former judge is imputable, that is, if he can be criminally prosecuted or, on the contrary, it is not appropriate.
It was this same week when Judge Joaquín Gadea agreed to charge Presence for Crimes against High State Institutions after a complaint filed by the Public Prosecutor’s Office of the National High Court
. Previously, several Supreme Court magistrates had informed the Public Ministry that the former judge Presencia accused them on his website – without any basis – of having hidden money in tax havens.
For this reason, among the first decisions adopted by the judge, was the order to precautionary close the page from which he made those statements against personalities of the judiciary. However, the Civil Guard has run into difficulties. They can’t shut it down because the web has a foreign rule. According to the sources of the investigation consulted by ABC, now the judge and agents are looking for formulas to be able to materialize the closure of the page.
In this case, the same affected judges who brought the facts to the knowledge of the General Council of the Judiciary and the Prosecutor’s Office appear as injured parties. Among them the president of the Supreme Court and the CGPJ, Carlos Lesmes, and the magistrates Pablo Lucas, Susana Polo, Carmen Lamela, Andrés Martínez Arrieta, Andrés Palomo del Arco, Vicente Magro, Miguel Colmenero, Pablo Llarena, Ángel Luis Hurtado and Julián Sánchez Melgar. And the list is expected to increase in the coming weeks, as there are many people indicated by Presencia on its website.
The investigating judge, in the spotlight
Last April, the same judge of the National High Court who is now investigating Presencia transferred to the Talavera courts a brief that he had presented so that he could be investigated for the crime of false accusation. Without evidence, he accused the State Attorney General, Dolores Delgado, and the former Prime Minister, José Luis Rodríguez Zapatero, of laundering three million euros in Panama.
The response of the former judge Presencia came through his website, charging Joaquín Gadea for criminal behavior similar to that attributed to the Supreme Court magistrates who have denounced him. But in his case, attacks that have intensified in recent days, after he decided to charge him in the National High Court and precautionary close his website.
Legal sources consulted by ABC explain that there is no reason for Gadea to withdraw from this matter, given that the attacks would occur after the initiation of the first procedure. The Presence itself yesterday influenced this newspaper in which the instructor “is recused” -although it is not recorded in the Central Courts- and questioned his legitimacy to proceed against him and adopt precautionary measures on the Acodap page. “The association is not denounced,” he assures. He will be summoned soon in the National High Court.
George is Digismak’s reported cum editor with 13 years of experience in Journalism