The main investigators for the “Volhov case” of alleged diversion of public funds to former Catalan President Carles Puigdemont have asked the Barcelona Court to declare the nullity of the telephone interventions that support the investigation, understanding that are based on mere “guesswork”.
According to legal sources, the businessman and former Convergència David Madí and the president of the platform for Catalan sports teams, Xavier Vinyals, have already presented writings to request the annulment of the case, a judicial offensive to which other investigated are studying to join.
In her appeal, to which Efe has had access, Madí’s lawyer, Olga Tubau, asks the Court to declare the nullity of the first telephone call, agreed in August 2019, and of all subsequent extensions, to the conclude that the wiretaps were agreed without “essential rules”, which has made its client defenseless and has violated the fundamental right to confidentiality of communications. The lawyer also requests the annulment of the entry and registration order of October 29 in David Madí’s office, with which, If successful, the resource would leave the investigation empty of all content.
Madí, who was a member of the “general staff” that organized 1-O, was arrested on October 28 along with a score of other people, in an operation ordered by the head of the court of instruction number 1 of Barcelona, Joaquín Aguirre , what investigates alleged misappropriation of public funds to former President 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 head of Convergència Víctor Terradellas, the main defendant in a case opened more than four years ago. years for an alleged diversion of grants from the Diputación de Barcelona to entities related to the extinct formation.
According to Tubau in his brief, the Civil Guard asked the judge to intervene the phones of Madí, Vinyals and the businessman and former ERC clerk Xavier Vendrell, as a result of the files seized on Terradellas, from which it deduced that the investigated were trying divert public funds and convert them into cryptocurrencies. However, the lawyer maintains, “There is no evidence to support” this hypothesis, since the only thing it raises is the eventuality that the Generalitat accepts payments in cryptocurrencies, without “a single allusion” to its possible instrumentation to divert public money.
For Olga Tubau, it is a police hypothesis “without objective foundation of any kind”, in which the Civil Guard has not contributed “any evidence” to support their suspicions. “This way of proceeding is typical of a prospective investigation that is constitutionally prohibited,” says the lawyer, who recalls that the Prosecutor’s Office itself opposed the first of the interventions, which is relevant coming from a body whose mission is to ensure the “principle of legality and subjection to the Constitution and the legal system.”
The writing maintains that the listening has been a violation of the right to secrecy of communications and denounces that resorting to wiretapping as a “means of investigation from the point of view of any suspicion” may entail a “trivialization of the restriction of fundamental rights.
The car, adds the lawyer, does not provide any element that allows inferring that Madí had availability of public funds, neither directly nor indirectly: “having and maintaining relationships with people who have exercised public political functions, meeting with them, sharing projects, ideas, criticisms with them does not in itself imply the existence of an effective influence,” he adds.
The lawyer also argues that, in order to carry out the investigation of the “Volhov case”, less burdensome techniques for fundamental rights could have been usedHow to follow the path of the subsidies investigated, which, he warns, is unknown if it has been carried out in four years of instruction.
At the same time, the defense of businessman Oriol Soler, who was also arrested in the operation, has request to the Audiencia of Barcelona to separate the investigating judge from the case, considering that he has assumed the competence to direct it for political reasons, although it was not his responsibility. Other defenses consider joining the initiative of Soler, represented by the lawyer Benet Salellas, who argues that his client’s right to the “natural judge and impartial judge” has been violated and the Criminal Procedure Law has been breached, which establishes that “Each crime will lead to the formation of a single cause.”