Next Tuesday the trial against Juliana Fernández de la Cueva Lominchar will resume for the alleged commission of a continuing crime of administrative prevarication during her time as mayor of Corral de Almaguer by the Popular Party. The Prosecutor’s Office requests for her 10 years of special disqualification for employment or public office.
The appointment will be in the Provincial Court of Toledo, although Juliana and Vicente already sat on the defendants’ bench eleven months ago for this cause. Exactly on January 14th. But the trial was suspended to request more documentation related to the procedure, which has already passed through the Supreme Court.
Specifically, and following the request of the defenses and with the approval of the prosecutor’s office, the court agreed in January to require the Corral City Council information on who and when they requested since 2013 to have access to the sanctioning files for the fines.
The lawyers of Fernández and González explained in January that they had asked for this information since 2017, but neither the Quintanar de la Orden court that instructed the proceedings nor the Toledo Court, to which they filed an appeal, responded to their request.
With the information sent from the Consistory, the defenses intend to demonstrate that fundamental rights were violated in obtaining the evidence. “It must be achieved with all the guarantees and requirements, without undermining the principle of presumption of innocence,” said Juan Justo, the former mayor’s lawyer, eleven months ago.
Juliana is accused of removing four traffic tickets from three drivers between September and November 2013, as well as the corresponding loss of points, when she was a councilor. These alleged irregular actions were carried out at the proposal of Vicente González Ramírez, then his first deputy mayor in the City Council, according to the indictment signed by the prosecutor Silvia Nogales.
Because of this, the former councilman will also sit together with Juliana at the Toledo Court to be tried for the same crime. Like the former mayor, Vicente also faces a 10-year disqualification from employment or public office.
The judicial journey of the case until reaching the Toledo Court has been long. The Quintanar de la Orden court that instructed the proceedings referred the procedure to the Supreme Court (TS) as Juliana Fernández was senator, but the former mayor had already ceased to be measured when the file reached the high court, so the TS lost its jurisdiction over the matter and referred it to the Quintanar court.
When she appeared before the Supreme Court, the former senator told reporters that she had done nothing, “the media information is manipulated.” And he added that he would explain his version “when all this has happened.”
Two files, the same driver
The next chapter in this process will take place at the Toledo Hearing on Tuesday. From the prosecutor’s indictment it appears that a driver was denounced the same day, June 29, 2013, for testing positive for a breathalyzer test and for driving “manifestly reckless, at high speed, with danger of collision with dwelling ». He was fined 500 euros for each of the two fines and the overall loss of 10 driving license points. However, it took advantage of the 50 percent reduction for the prompt payment of the penalty and asked the City Council not to withdraw the points, a request that the mayor and the deputy mayor agreed to a month and a half later.
Another driver was reported for testing positive for a breathalyzer on July 6, 2013 and a fourth was fined for driving without a seatbelt on August 27 of that same year. The first one was sanctioned with the withdrawal of 6 points from the card and 500 euros. But he disbursed half by availing himself of the reduction for prompt payment, the same as the second offender, who had been fined 200 euros and the loss of 3 points. Both appealed the withdrawal of the points, requests that were attended by the mayor and the deputy mayor, who finally shelved the two files.
Juliana Fernández de la Cueva was Mayor of Corral de Almaguer for 12 years, from 2007 to 2019. She also served as Senator from 2011 to 2015.