The Fourth Section of the Criminal Chamber of the National High Court, which judges the commissioner Jose Manuel Villarejo and 26 other people for three separate pieces of the macro-case against him, has accepted that two police reports from the Internal Affairs Unit that were prepared when the investigation had formally ended and that analyze the agendas form part of the oral hearing. news of the controversial police.
This has been one of the main issues of discrepancy in the first session of the trial, which will continue this Thursday and then stop until it resumes on November 15. Both reports, for the month of June, reached the court last week and the defenses asked either to exclude them from the trial or to suspend it because they did not have access to them, as well as to the Court Roll, that is, the collection of milestones that were they have been generating the way of the oral hearing.
The Anticorruption Prosecutor’s Office, represented by Miguel Serrano, refused to suspend the sessions and asked to provide documentation on the progress that traces the “chain of legality” with which these reports have been prepared. Specifically, the entry and registration order that allowed Villarejo to intervene in the agendas last October and a “certification from the attorney of the Administration of Justice that the annotations collected by Internal Affairs in his offices faithfully match the original agendas workers in the proceedings.
In the case of Villarejo’s lawyer, Antonio José García Cabrera, the claim was also due to not having access to the gross, that is, to the agendas themselves and to the materials with which Internal Affairs works for its reports. He has raised a protest, to which other defenses have joined, although without much success. For the Prosecutor’s Office, since this collation is “it is not necessary that the agendas as such, as a document, work” in the oral hearing.
This is the decision adopted by the court chaired by Ángela Murillo, who has admitted the incorporation on the fly of both the reports and the complementary documents that Anticorruption proposed to validate them, because it understands that thus, there is no cause of defenselessness.
Conformities, in the air
The session, scheduled at 10 o’clock, had already started more than thirty minutes late, to which was added the hour and a half that the Lawyer of the Administration of Justice had to dedicate to reading the charges against the 27 defendants and 4 companies that sit on the bench for three commissions considered minor by the commissioner: Iron, for a law firm; Land, for a wealthy family; and Painter, for two businessmen friends of Villarejo.
In the reading of the charges, it was already pointed out that some of the clients who sit on the bench had reached agreements in accordance with the Anticorruption Prosecutor’s Office, acknowledging the facts and paying civil liability in exchange for substantial penalty reductions. It was in the intervention of the prosecutor when it was put on the table that the agreements affected a total of nine defendants, all clients of the commissioner.
In the piece Land, they have conformed Susana García-Cereceda, Francisco Peñalver and David Fernández Increase, while in Iron the clients Álvaro Martínez and the brothers Mario and Francisco Carpintero have done it; and in Pintor, the businessmen Juan and Fernando Muñoz Tamara and the lawyer Ricardo Álvarez-Ossorio have done it. All were left with the penalties of less than two years in prison and fines.
The problem is that some injured parties, who ask for sentences higher than those that these people have agreed with the Prosecutor’s Office, have expressed in the trial that the negotiation had taken place without their knowledge or agreement and therefore, they do not abide by the terms. The future of these people will depend on what the court decides.
Meanwhile, the court has once again rejected the witnesses requested by the Anticorruption Prosecutor’s Office, such as two policemen who were once the bosses of Villarejo. He considers that they have nothing to do with the facts that are now being judged and he has only given the green light to his claim that the injured parties testify.
Nor has it been successful in its attempt to introduce in the hearing the tax proceedings that gave rise to the cause and that sustained the first entries and records. The court has rejected the claim as untimely: “There is no place because they are not new facts, they were already working in the case and the Prosecutor’s Office could request them in a timely manner and the parties are rendered defenseless”, has settled Murillo. It was the documentary with which Anti-Corruption tried to refute the requests for annulment of the case.